[House Report 110-119]
[From the U.S. Government Publishing Office]



                                                                       
110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-119

======================================================================



 
ADVANCE DEMOCRATIC VALUES, ADDRESS NONDEMOCRATIC COUNTRIES, AND ENHANCE 
       DEMOCRACY ACT OF 2007 OR THE ADVANCE DEMOCRACY ACT OF 2007

                                _______
                                

  May 2, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Lantos, from the Committee on Foreign Affairs, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 982]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Foreign Affairs, to whom was referred the 
bill (H.R. 982) to promote democratic values and enhance 
democracy, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                           TABLE OF CONTENTS

                                                                   Page
Summary..........................................................     2
Background and Purpose...........................................     2
Hearings.........................................................     4
Committee Consideration..........................................     4
Votes of the Committee...........................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Cost Estimate........................     5
Performance Goals and Objectives.................................     7
Constitutional Authority Statement...............................     8
New Advisory Committees..........................................     8
Congressional Accountability Act.................................     8
Earmark Identification...........................................     8
Section-by-Section Analysis and Discussion.......................     8
Changes in Existing Law Made by the Bill, as Reported............    17

                                Summary

    The ADVANCE Democracy Act of 2007 establishes in law a 
framework to strengthen and institutionalize the promotion of 
democracy within the State Department. By doing so, H.R. 982 
continues efforts by the Committee to reform the ways the 
Department of State carries out its responsibilities in 
promoting democracy and protecting human rights. The Committee 
recognizes that there are a number of talented and dedicated 
career State Department officials who focus their talents and 
energy on democracy promotion, and that the Department has 
taken a number of steps consistent with H.R. 982 and its 
predecessor legislation. However, the Committee believes these 
efforts could be strengthened by further institutional reforms 
and a greater focus on developing strategies for the protection 
of human rights and the promotion of democracy. In this sense, 
H.R. 982 is a congressional response to the President's 
pronouncements on democracy and the Secretary of State's 
efforts to change the State Department through her 
Transformational Diplomacy Initiative.

                         Background and Purpose

    Since the beginning of the republic, the United States and 
its citizens have aspired to the highest ideals of government, 
and from quite early on became involved in human rights issues, 
such as the international slave trade and the working 
conditions of Chinese railroad workers. The pursuit of 
democracy, human rights, and freedom has since become part of 
the mainstream our nation's foreign policy, with a long and 
distinguished set of proponents from every part of the 
political spectrum, including Presidents Woodrow Wilson, 
Franklin Delano Roosevelt, Jimmy Carter, Ronald Reagan, and the 
current President Bush. While this aspect of U.S. foreign 
policy often has to coexist with other foreign policy 
objectives, it nonetheless has made its mark throughout the 
20th century. Unfortunately, at times those who advocate for 
``democracy promotion'' and those who argue for ``human rights 
protection'' see these goals as different. In reality, a 
benevolent dictator can allow any number of human rights to 
flourish, yet those may be snatched at any moment because of 
the lack of democratic protections. Similarly, a democracy 
cannot realize its full potential unless human rights such as 
the freedom of the press, the freedom of association, and other 
rights are fully protected.
    The Committee notes that democracy is increasingly seen as 
a key part of the international system as reflected by the 
unanimous votes at the United Nations Commission on Human 
Rights and in the United Nations General Assembly affirming the 
right to democracy as a human right. Beginning in 2002, 
Congress began trying to focus the Department of State 
increasingly on being more active in furthering this trend in 
the Freedom Investment Act of 2002, which started both 
institutional reforms and a requirement for greater strategic 
focus that are continued in this Act.
    In many ways this increasing focus on democracy has met 
with success. Over the past three decades, the number of fully 
democratic countries has more than doubled, from 41 to 89, 
while the number of countries governed by a dictator or a 
totalitarian government has decreased by 37 percent, often as a 
result of nonviolent resistance by the peoples of such 
countries, aided by support from democratic countries. 
According to the annual Freedom in the World report published 
by Freedom House (an annual comparative assessment of the state 
of political rights and civil liberties in 192 countries and 18 
related and disputed territories), 75 percent of the population 
of the world currently lives in countries categorized as 
`entirely free' or `partly free,' as opposed to only 57 percent 
in 1973. These changes have been achieved in part through 
sustained and comprehensive efforts by democratic countries, 
including the United States and the democratic countries of 
Europe, to support dissidents, human rights advocates and 
democracy activists in non-democratic countries. However, a 
loss of focus, a failure to prepare for potential changes in 
regimes, and less focus on supporting countries already on the 
path to democracy has led to missed opportunities and 
``backsliding'' toward authoritarianism in some democratic 
transition countries.
    With President Bush's second inaugural address, the war in 
Iraq, and the 2006 elections in the West Bank and Gaza, the 
public has paid greater attention to policies related to 
promoting democracy and the appropriate roles and mechanisms 
for the United States policy to spreading democracy abroad. So-
called ``realists'' have sometimes triumphantly declared that 
electoral democracy cannot develop in certain parts of the 
world or in certain cultures. And certain democracy and human 
rights advocates, while concerned with what they perceive as 
the aggressive nature of the Administration's ``Freedom 
Agenda,'' fear a counter reaction by the public against 
traditional U.S. foreign policy values.
    The ADVANCE Democracy Act is designed to help ensure that 
the moral compass in U.S. foreign policy remains strong. It 
provides for reforms that will make democracy promotion more 
effective, helps to ensure that U.S. programs focus on a long-
term commitment to the growth and maturation of democratic 
institutions, and seeks to bridge differences between human 
rights and democracy promotion advocates. The ADVANCE Democracy 
Act of 2007:

          (1) Requires the Secretary to develop long-term 
        strategies for democracy promotion and human rights 
        protection for non-democratic and democratic transition 
        countries and countries where there are severe human 
        rights violations;
          (2) Requires that such strategies be developed with 
        individuals and groups from each particular country 
        that support democratic values and that such strategies 
        be carried out with our friends and allies around the 
        world, including like-minded countries and 
        international organizations;
          (3) Requires training on democracy promotion and 
        human rights protection throughout the careers of 
        Foreign Service officers and other State Department 
        employees;
          (4) Creates financial and promotion incentives for 
        employees who excel in democracy promotion and human 
        rights protection; and
          (5) Requires that Ambassadors and other senior 
        members of the Foreign Service do more to reach out to 
        foreign audiences and engage robustly with government 
        officials, foreign media, non-governmental 
        organizations, and students to have serious discussions 
        about U.S. foreign policy, in particular democracy and 
        human rights.

    The ADVANCE Democracy Act of 2007 also contains a number of 
other additional reforms, such as declaring democracy promotion 
and human rights protection to be fundamental foreign policy 
objectives of the United States, requiring an office for 
emerging activists to contact, providing for the collection of 
information on actions by and assets of leaders of non-
democratic countries, requiring the establishment of a web site 
for activists, differentiating between non-governmental 
organizations and contractors as mechanisms for the delivery of 
U.S. democracy assistance, and fostering more multilateral 
cooperation on democracy promotion.
    The ADVANCE Democracy Act of 2007 represents several years 
of discussion with outside activists, democracy practitioners, 
and the Department of State. It builds on the adoption by the 
House of an earlier version of the legislation, which prompted 
the Department of State to initiate a series of internal 
reforms, some of which are reflected in H.R. 982.

                                Hearings

    In the 109th Congress, as part of assessing previously 
introduced legislation, the Committee held a number of hearings 
on democracy and human rights. On May 5, 2005, the Committee 
held a hearing entitled, ``Promoting Democracy through 
Diplomacy,'' on February 16, 2006, the Committee heard from 
Secretary Rice on her Transformational Democracy Initiative, 
and on March 2, 2006, the Committee held a hearing entitled, 
``U.S. Policy Toward the Palestinians in the Aftermath of the 
Parliamentary Elections.'' On June 21, 2006, the Committee 
heard from Administration witnesses during a hearing entitled, 
``Democracy in Latin America, Successes, Challenges and the 
Future,'' and on February 7, 2007, the Committee received an 
update from the Secretary of State on the Department's 
Transformational Diplomacy Initiative. On March 29, 2007, the 
Committee heard from former Assistant Secretaries of State for 
Democracy, Human Rights and Labor Harold Koh and John Shattuck 
regarding the most recent Country Reports on Human Rights 
Practices, which included discussion of H.R. 982.

                        Committee Consideration

    The Committee marked up H.R. 982 on March 27, 2007, and 
reported the bill favorably to the House by voice vote, a 
quorum being present.

                         Votes of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during consideration of H.R. 982.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c) (2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 1678, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under Section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 29, 2007.
Hon. Tom Lantos, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 982, the ADVANCE 
Democracy Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sunita 
D'Monte, who can be reached at 226-2840.
            Sincerely,
                                           Peter R. Orszag.
Enclosure

cc:
        Honorable Ileana Ros-Lehtinen
        Ranking Member
H.R. 982--ADVANCE Democracy Act of 2007

                                SUMMARY

    H.R. 982 would authorize the appropriation of funds for the 
Human Rights and Democracy Fund which is administered by the 
Department of State. In addition, it would authorize the 
appropriation of funds for grants to the United Nations 
Democracy Fund and the International Center for Democratic 
Transition. Finally, it would authorize the department to hire 
additional staff and participate in a fellowship program to 
promote democracy.
    CBO estimates that implementing H.R. 982 would cost $29 
million in 2008 and about $150 million over the 2008-2012 
period, assuming appropriation of the specified and estimated 
amounts. The bill also would allow the Human Rights and 
Democracy Fund to receive and spend gifts and donations, but 
CBO estimates this provision would have no significant effect 
on direct spending and receipts.
    H.R. 982 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 982 is shown in the 
following table. The costs of this legislation fall within 
budget function 150 (international affairs).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\
Democracy Programs                                                        65       75        1        0        0
  Estimated Authorization Level
  Estimated Outlays                                                       26       46       30       16       11

Other Programs                                                             4        4        4        4        4
  Estimated Authorization Level
  Estimated Outlays                                                        3        4        4        4        4

Total Changes                                                             69       79        5        4        4
  Estimated Authorization Level
  Estimated Outlays                                                       29       50       34       20       15
----------------------------------------------------------------------------------------------------------------
\1\ Enacting H.R. 982 also could affect revenues and direct spending, but CBO estimates that any such effects
  would be less then $500,000 a year.

                           BASIS OF ESTIMATE

    CBO estimates that implementing H.R. 982 would cost $29 
million in 2008 and about $150 million over the 2008-2012 
period, assuming appropriation of the specified and estimated 
amounts. The bill would also allow the Human Rights and 
Democracy Fund to receive and spend gifts and donations, but 
CBO estimates this provision would have no significant effect 
on direct spending and receipts.
Spending Subject to Appropriation
    H.R. 982 would authorize the appropriation of an estimated 
$69 million in 2008 and about $160 million over the 2008-2012 
period for programs and grants to promote democracy around the 
world. For this estimate, CBO assumes that this legislation 
will be enacted near the start of fiscal year 2008, that the 
specified and estimated authorization amounts will be 
appropriated near the start of each fiscal year, and that 
outlays will follow historical spending patterns for existing 
and similar programs.
    Democracy Programs. Section 302 would authorize the 
appropriation of $50 million in 2008 and $60 million in 2009 
for the Human Rights and Democracy Fund, a fund that the 
Department of State uses to promote human rights and democracy 
around the world. Based on historical spending patterns, CBO 
estimates that implementing this section would cost $11 million 
in 2008 and $99 million over the 2008-2012 period, assuming 
appropriation of the authorized amounts.
    Section 203 would authorize the appropriation of such sums 
as may be necessary for 2008 and 2009 for a contribution to the 
United Nations Democracy Fund. In its budget request for 2008, 
the Department of State has requested $14 million for such a 
contribution and CBO expects that such an amount for both 2008 
and 2009 would be sufficient to meet the purposes of this 
authorization. CBO estimates that implementing this section 
would cost $14 million in 2008 and $28 million over the 2008-
2009 period, assuming appropriation of the necessary amounts.
    Section 202 would authorize the appropriation of $1 million 
in 2008, 2009, and 2010 for a grant to the International Center 
for Democratic Transition. This center is located in Budapest, 
Hungary, and works to help countries make the transition from 
dictatorship to democracy. CBO estimates that implementing this 
section would cost $3 million over the 2008-2010 period, 
assuming appropriation of the authorized amounts.
    Other Provisions. Section 101 would authorize the 
appropriation of such sums as may be necessary for the 
Secretary to hire Democracy Liaison Officers to promote the 
transition of nondemocratic and partly democratic countries to 
democracy. Based on information from the department, CBO 
estimates that 12 such positions would be created, at an annual 
cost of $3 million (including the costs of overseas travel and 
housing expenses), assuming appropriation of the estimated 
amounts.
    Section 103 would authorize a Democracy Fellowship Program 
to place employees of the State Department in positions at 
congressional committees and nongovernmental organizations that 
work on democracy issues. It would authorize the appropriation 
of such sums as may be necessary for this purpose. Based on 
information from the department, CBO estimates that five 
fellows would participate each year in this program. Including 
administrative expenses, CBO estimates this provision would 
cost $1 million a year, assuming appropriation of the estimated 
amounts.
    Finally, the bill contains some reporting requirements 
which CBO estimates would cost less than $500,000 a year in 
aggregate, assuming appropriation of the necessary amounts.
Direct Spending and Revenues
    Section 302 would allow the Human Rights and Democracy Fund 
to accept and spend gifts and donations, but CBO estimates this 
provision would have no significant effect on direct spending 
and receipts.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 982 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would not affect the budgets of 
state, local, or tribal governments.

                    Performance Goals and Objectives

    Pursuant to clause (3)(c) of House rule XIII, upon 
enactment of this legislation, the Department of State should 
start developing long-term, multiyear democracy promotion and 
human rights protection strategies for nondemocratic countries 
and democratic transition countries as well as countries where 
there are severe human rights violations. There should be a 
measurable increase in the number of hours of training in human 
rights and democracy promotion that members of the Foreign 
Service receive.

                   Constitutional Authority Statement

    Pursuant to clause 3(d) (1) of rule XIII of the Rules of 
the House of Representatives, the Committee finds the authority 
for this legislation in article I, section 8 of the 
Constitution.

                        New Advisory Committees

    H.R. 982 does not establish or authorize any new advisory 
committees.

                    Congressional Accountability Act

    H.R. 982 does not apply to the Legislative Branch.

                         Earmark Identification

    H.R. 982 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI. Section 202 contains an 
authorization for a grant to the International Center for 
Democratic Transition, an organization endorsed by the 
Community of Democracies at its 2006 Ministerial meeting and 
supported by the Department of State.

               Section-by-Section Analysis and Discussion

Section 1. Short Title.
    This section states that the act may be referred to as the, 
``Advance Democratic Values, Address Nondemocratic Countries, 
and Enhance Democracy Act of 2007,'' or the ``ADVANCE Democracy 
Act of 2007.''
Section 2. Table of Contents.
    This section provides the table of contents for the Act.
Section 3 Findings.
    This section contains congressional findings describing the 
need to promote democracy throughout the world. The findings 
note that the promotion of universal democracy constitutes a 
long-term challenge that goes through unique phases and paces 
in individual countries and requires the development of 
democratic institutions. It also recognizes that democracy and 
human rights activists are under increasing pressure from 
authoritarian regimes and, in some cases, the governments of 
democratic transition countries. While recognizing that 
individuals, non-governmental organizations, and movements in 
nondemocratic and democratic transition countries must take the 
lead in making their own decisions, democratic countries have a 
number of instruments to support such reformers, and must 
cooperate with each other to do so.
Section 4. Statement of Policy.
    This section declares that it is United States policy: To 
promote freedom and democracy and to affirm fundamental 
freedoms and human rights throughout the world as fundamental 
components of United States foreign policy; to promote 
democratic institutions, including an independent judiciary, an 
independent and professional media, strong legislatures and a 
thriving civil society; to provide support to individuals, 
nongovernmental organizations, and movements living in 
nondemocratic countries that aspire to live in freedom; to 
provide political, economic, and other support to foreign 
countries that are undertaking a transition to democracy; and 
to strengthen cooperation with other democratic countries in 
order to better promote and defend shared values and ideals.
Section 5. Definitions.
    This section provides definitions for use in the act.

                TITLE I--DEPARTMENT OF STATE ACTIVITIES.

    Title I ensures that Department of State activities and 
officers promote human rights and democracy throughout the 
world as a fundamental objective of United States foreign 
policy by seeking to end dictatorial and other nondemocratic 
forms of governance in foreign countries through peaceful 
means.
Section 101. Promotion of Democracy in Foreign Countries.
    Subsection (a) amends the State Department Basic 
Authorities Act by enhancing the duties of the Assistant 
Secretary of State for Democracy, Human Rights, and Labor (DRL) 
in democracy promotion.
    Subsection (b) provides for a number of institutional 
changes at the Department of State. Paragraph (1) requires that 
there be at least one office in DRL responsible for working 
with democratic movements and facilitating the transition of 
countries to democracy, including having at least one employee 
in each office specifically responsible for working with such 
movements. Activists in other countries sometimes are not sure 
who to contact at the Department of State to discuss democracy 
and human rights issues in their countries, and this office or 
offices with experts on how to help such activists will provide 
a place of entry.
    Paragraph (2) provides for the establishment of Democracy 
Liaison Officers, as requested by the Department of State and 
building on the Congressional initiative to create Democracy 
hubs in foreign countries. These officers should be selected 
with the concurrence of the Assistant Secretary of DRL in order 
to ensure that appropriate individuals are put in those posts. 
Paragraph (2) also indicates that these positions should be in 
addition to, and not in replacement of, other positions. The 
Committee has been concerned that the Department as part of its 
Transformational Diplomacy Initiative, intends to reduce or 
eliminate labor officers in posts abroad. While not objecting 
to moving such posts to the countries where the need is 
greatest, the Committee is concerned that eliminating such 
positions would reflect the abandoning of the core consensus 
that has existed since the 1980s that the promotion of 
democracy includes the promotion of the freedoms of association 
and organization by laborers. Subparagraph (C) makes this 
direction clear.
    Paragraph (3) provides that the Secretary should collect 
information on the assets of leaders of non-democratic 
countries. Paragraph (4) provides a sense of congress that DRL 
should have three Deputy Assistant Secretaries. Paragraph (5) 
provides that the Secretary shall seek to ensure that 50 
percent of DRL's nonadministrative employees are members of the 
Foreign Service. The Committee believes that the only way the 
democracy and human rights function will become more of a 
priority for the nation's diplomatic corps is to encourage a 
greater number of members of the Foreign Service to serve 
there.
    Subsection (c) provides amendments to the Freedom 
Investment Act of 2002.
Section 102. Reports.
    Subsection (a) makes amendments to the Foreign Assistance 
Act of 1961 that requires the Department to include in the 
Country Reports on Human Rights Practices a long term strategy, 
including a specific list of priorities and an action plan, for 
ending serious human rights violations. Similarly, with respect 
to nondemocratic and democratic transition countries, the 
report must include a long term strategy to promote and achieve 
a transition to full democracy and good governance, including a 
specific list of priorities, an action plan and specific 
responsibilities and activities for chiefs of missions to 
promote democracy, and actions taken in the previous year. Such 
reporting on activities in the previous year should include 
reporting on the activities of the chief of mission and the 
relevant mission to engage with the local media, to consult 
with and support democratic reformers, and to reach out to 
university students and other young people.
    By requiring a long-term strategy, Congress will be able to 
exercise better oversight as to how the U.S. Government intends 
to develop both short-term and long-term actions to promote 
democracies. This builds on the requirement in the Freedom 
Investment Act of 2002 for a human rights strategy, which the 
Department has implemented by the creation of the Support for 
Human Rights and Democracies (SHRD) Report, originally required 
by the Freedom Investment Act of 2002.
    In essence, the Committee believes that the Department 
should have two key human rights reports relating to democracy 
and universal human rights. The first, the annual Country 
Reports on Human Rights Practices, will be an official 
description of the conditions in a country, developed in a 
nonpolitical and factual manner; the second, the report 
required by the amendments in this section, should briefly 
describe the current status or situation of human rights and 
democracy movements, the long-term strategy to address the 
situation, programs supported by the U.S. Government to address 
the situation, and the effectiveness of those programs. The 
description should include what the U.S. Government has done in 
the past year, as well as future goals in the context of a five 
year program. The flaw in the current SHRD Report is that it 
represents a catalogue of the activities that the Department 
has done and does not set forth the Department's strategy and 
implementation plans, nor in some instances does it link how 
specific U.S. Government-supported programs address certain 
serious human rights violations. Understanding that this 
information may be sensitive, subsection (c) allows the 
Secretary to put as much of this information as necessary in a 
classified annex to the report.
    The Committee expects that such strategies will be at least 
5 years, allowing for focus on building democratic institutions 
and not focusing on any immediately upcoming elections. While 
determination of which countries to provide strategies on is 
left to the Secretary, and the ``categorization'' of countries 
was eliminated from the prior drafts of this legislation, the 
legislation does provide guidance for which countries should 
have such a strategy. It is the Committee's intention that if a 
country fails to satisfy any one of the seven criteria 
described in the new section 116(d) (12) (B), the Secretary 
must develop such a strategy. The amendments in subsection (a) 
also allow this part of the report to be transmitted separately 
90 days after the submission of the Country Practices Report. 
This provision builds on the report required by the Freedom 
Investment Act of 2002. Subsection (b) provides a conforming 
amendment and, as indicated above, subsection (c) provides for 
a classified addendum in case information in the new report is 
sensitive. The Committee recognizes that some information 
required by this section may either endanger individuals, or 
may undermine U.S. programs. Such information can be included 
in the classified addendum.
Section 103. Democracy Fellowship Program.
    This section, requested by the Department of State, 
provides for a program to obtain additional perspectives on 
democracy promotion abroad by working with appropriate 
congressional committees and in nongovernmental organizations 
involved in democracy promotion.
Section 104. Advisory Committee on Democracy Promotion.
    This section provides that the Advisory Committee on 
Democracy Promotion established by the Secretary of State, 
consistent with a congressional initiative in this regard, 
conduct two studies, one on democracy assistance, and the other 
on personnel practices of the Department. While the Act 
addresses certain democracy promotion assistance matters, the 
Committee believes that the question of democracy assistance 
needs further review to determine how best to improve our 
assistance delivery mechanisms. Too often our assistance has 
been too cautious or relies on recommendations from the field, 
which at times are outstanding but are sometimes made by 
officers who have little experience in democracy promotion. The 
Committee hopes that such a study will provide additional 
reform ideas for the Department and the Congress. Similarly, 
while extensively addressing certain personnel issues, the 
Committee believes additional study could also provide 
additional insight into this matter. The Committee would expect 
that the Department would assign some knowledgeable personnel 
to the Advisory Committee to help coordinate these studies and 
should strongly consider providing funding so that the Advisory 
Committee can contract out these studies.
Section 105. Establishment and Maintenance of Internet Site for Global 
        Democracy and Human Rights.
    This section directs the Secretary of State to establish 
and maintain an Internet site for global democracy to 
facilitate access by individuals and nongovernmental 
organizations in foreign countries to documents and other media 
regarding democratic principles, practices, and values, the 
promotion and strengthening of democracy, and the injustices of 
living in a nondemocratic country. This web site is intended to 
be an address where democracy activists from around the world 
can obtain information on conditions in their country in their 
own language, materials on successful democracy movements and 
tactics for peaceful democratic change, and links to groups 
around the world that engage in similar struggles for freedom. 
The web site should also include parts of other relevant human 
rights reports, including translations where appropriate, such 
as the annual Country Reports on Human Rights Practices, the 
Annual Report on International Religious Freedom, and the 
Annual Report on Trafficking in Persons.
Section 106. Programs by United States Missions in Foreign Countries 
        and Activities of Chiefs of Mission.
    Subsection (a) directs the chief of mission in each country 
designated as nondemocratic to develop a strategy to promote 
democracy in the country and to provide material and visible 
support to nongovernmental organizations, individuals and 
movements in that country that are committed to democratic 
principles, practices, and values. Subsection (b) encourages 
chiefs of missions and principal officers to spend a 
substantial amount of time at universities and other 
institutions of higher learning for the purpose of 
communicating, promoting, and defending U.S. values, purposes 
and policies related to promotion of democracy. Subsection (c) 
authorizes and encourages access by foreign nationals to the 
premises of United States diplomatic missions in countries 
categorized by the most recent Annual Report on Democracy as 
either a `democratic transition country' or as `nondemocratic.'
Section 107. Training for Foreign Service Officers.
    Subsection (a) amends the Foreign Service Act of 1980 to 
mandate enhanced training in how to strengthen and promote 
democracy for members of the Foreign Service having 
responsibility for internal political developments and human 
rights in foreign countries, including how to strengthen and 
promote democracy through peaceful means in consultation with 
individuals and nongovernmental organizations in such countries 
that support democratic principles, practices, and values. 
Training should include instruction, a training manual and 
other materials regarding: (1) international documents and U.S. 
policy regarding electoral democracy and respect for human 
rights, including trafficking in persons; (2) U.S. policy 
regarding the promotion and strengthening of democracy around 
the world, with particular emphasis on the transition to 
democracy in nondemocratic countries; (3) ways to provide 
technical, financial, and other support to individuals 
(including expatriated citizens) and nongovernmental 
organizations in such country that support democratic 
principles, practices, and values; and (4) the protection of 
internationally recognized human rights, including the 
protection of religious freedom and preventing slavery and 
trafficking in persons.
    Such instruction may include: conducting discussions with 
the leaders of such country regarding a transition to full 
democracy, political, social, and economic freedoms, United 
States policy to promote democracy in foreign countries, and 
the possibility that such leaders might voluntarily cede power; 
how to conduct discussions with the students and young people 
of such country regarding a transition to full democracy, and 
political, social, and economic freedoms, and United States 
policy to promote democracy in foreign countries; the methods 
of nonviolent action and the most effective manner to share 
such information with individuals and nongovernmental 
organizations in such country that support democratic 
principles, practices, and values; and the investigation and 
documentation of violations of internationally-recognized human 
rights in coordination with nongovernmental human rights 
organizations, violations of religious freedom, and government-
tolerated or condoned trafficking in persons that occur in such 
country.
    The Committee understands that certain training courses do 
include some human rights training. However, the Committee 
understands that the scope and consistency of such training is 
sometimes lacking, suggesting that this requirement is overdue.
    Subsection (b) authorizes this training for members of the 
Civil Service having similar responsibilities. Subsection (c) 
authorizes appropriations as may be necessary to develop 
appropriate programs and materials necessary to accomplish the 
mandatory training. Subsection (d) makes clerical amendments to 
the Foreign Service Act of 1980. Subsection (e) provides for a 
one-time report on how this section is being implemented.
Section 108. Performance Pay; Promotions; Foreign Service Awards.
    Subsection (a) enables meritorious or distinguished service 
in the promotion of democracy in foreign countries to be a 
basis for awarding performance pay to Foreign Service Officers. 
Subsection (b) makes evaluation of an officer's promotion of 
democracy in foreign countries a basis for promotion in the 
Foreign Service. Subsection (c) requires that the Secretary 
shall prescribe regulations regarding the implementation of 
subsections (a) and (b). Subsection (d) authorizes Foreign 
Service awards in the instance of distinguished or meritorious 
service in the promotion of democracy, including contact with 
and support of individuals and nongovernmental organizations 
that promote democracy in countries designated as nondemocratic 
in the most recent Annual Report on Democracy.
Section 109. Appointments.
    This section requires that Chiefs of Mission assigned to 
countries designated as nondemocratic should possess clearly 
demonstrated competence in and commitment to the promotion of 
democracy, including competence in promoting democracy to 
students and young people.

         TITLE II--COOPERATION WITH OTHER DEMOCRATIC COUNTRIES.

    Title II recognizes that the United States' efforts to 
strengthen and promote democracy in nondemocratic countries are 
best conducted in cooperation with other democratic countries.
Section 201. Cooperation with Other Democratic Countries.
    Subsection (a) expresses congressional findings that it is 
in the national security interest of the United States to forge 
alliances with democratic countries to promote democracy and 
protect fundamental freedoms around the world. Subsection (b) 
establishes the purposes of Title II as encouraging cooperation 
between democratic countries through new ways of forging 
alliances with democratic countries that promote and protect 
democratic principles, practices, and values. Subsection (c) 
expresses the sense of Congress that any nondemocratic country 
should not participate in any alliance of democratic countries.
Section 202. Strengthening the Community of Democracies.
    Subsection (a) expresses the sense of Congress that the 
Community of Democracies should establish a more formal 
mechanism for carrying out work between ministerial meetings, 
such as through the creation of a permanent secretariat with an 
appropriate staff and should establish a headquarters. 
Subsection (b) authorizes the Secretary to detail personnel to 
such a secretariat or any country that is a member of the 
Convening Group of the Community of Democracies. Subsection (c) 
expresses the sense of Congress that regional groups within the 
Community of Democracies should be strengthened. Subsection (d) 
urges the President to assist Hungary and other European 
countries to establish a Democracy Transition Center, including 
providing grants or voluntary contributions to develop, adopt, 
and pursue programs and campaigns to promote the peaceful 
transition to democracy in non-democratic countries. It also 
authorizes $3,000,000 over the next three fiscal years toward 
the assessment of the United States for the establishment of 
the Democracy Transition Center.
Section 203. Initiatives at the United Nations.
    Consistent with the findings in the Intelligence Reform and 
Terrorism Prevention Act of 2004, subsection (a) expresses that 
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 other 
international institutions will not only improve internal 
governance but will also strengthen the implementation of 
commitments regarding democracy and human rights at such 
organizations.
    Subsection (b) expresses 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 UN 
Democracy Fund. It also authorizes such sums as may be 
necessary for a United States Contribution to such fund for 
each of the fiscal years 2008 and 2009.

             TITLE III--FUNDING FOR PROMOTION OF DEMOCRACY.

    Title III authorizes appropriations to nongovernmental 
organizations and individuals working to transition 
nondemocratic countries to democracy.
Section 301. Policy.
    This section makes it the policy of the United States to 
provide financial assistance to qualified nongovernmental 
organizations and individuals for the purpose of promoting 
democracy in countries categorized as nondemocratic in the most 
recent Annual Report on Democracy.
Section 302. Human Rights and Democracy Fund.
    This section states that it is the sense of congress that 
the Human Rights and Democracy Fund (HRDF), established 
pursuant to the Freedom Investment Act of 2002, should continue 
to be used for innovative approaches to promoting democracy and 
human rights and to support the strategies developed in 
nondemocratic and democratic transition countries as required 
by the amendments in section 102(a) (1). The HRDF provides 
critical support for unique projects that promote democracy and 
human rights in foreign countries of special significance to 
the United States. The Committee notes that under the 
Department's new Strategic Framework for Foreign Assistance, 
the HRDF may be programmed for each country, effectively 
reducing the independence of the HRDF and constraining it from 
exploiting emerging opportunities. The Committee strongly 
believes that the HRDF should remain a flexible instrument and 
that there should be reserves to exploit such opportunities. In 
this connection, a number of members of the Committee are 
concerned that under the new strategic framework for foreign 
assistance, the Director of Foreign Assistance may be directing 
specific country-by-country programming for the HRDF. The 
Committee strongly believes that such programming could 
undermine the HRDF's flexibility and widespread support for the 
program.
    For example, the Committee strongly urges that the 
Department through the HRDF or through other democracy 
assistance programming should affirmatively seek out and offer 
significant support to technologies capable of defeating the 
ability of nondemocratic governments to target and undermine 
democratic reformers by monitoring or censoring the internet. 
In the Committee's view, technologies that have been 
successfully field tested, are adaptable for use in different 
countries, have demonstrated the capacity to survive in a 
hostile environment, can support not only web sites but other 
methods of internet communication such as emails, instant 
messaging, and video streaming, and can provide a safe 
environment which is difficult to monitor for services such as 
web portals, search engines and blogs do not fall into the 
ambit of any one country program but are critical to the 
success of global democracy and human rights activities; in the 
Committee's view, the free exchange of information and 
communication are essential tools to advance the spread of 
democracy in the 21st century. Further, the need for such 
support has been made all the more critical by recent 
initiatives mounted by such nondemocratic governments as the 
governments of Cuba, China and Russia to escalate their current 
efforts to prevent the internet from being used by individuals 
that advocate for human rights and democracy and to engage in 
greatly enhanced criminally prosecutions of persons engaged in 
free use of the internet.
    Subsection (b) authorizes funds from the Human Rights and 
Democracy Fund to be made to qualified nongovernmental 
organizations and individuals in foreign countries 
notwithstanding any other provision of law. Subsection (c) 
requires the Assistant Secretary of State for Democracy, Human 
Rights, and Labor to submit at the end of each fiscal year to 
the appropriate Congressional Committees an annual report on 
the status of the Human Rights and Democracy Fund, which 
includes: An identification of each organization or individual 
receiving assistance; a summary of the activities of each 
recipient; an account of projects funded and outside 
contributions received; and a balance sheet of income and 
outlays. Subsection (d) authorizes appropriations to the Human 
Rights and Democracy Fund of $50,000,000 for fiscal year 2008 
and $60,000,000 for fiscal year 2009. It also authorizes that 
funds may be used for administrative expenses and that the HRDF 
can receive funds from other sources.
Section 303. Instruments for Providing for Democracy Assistance.
    This section addresses the issue of different instruments 
for delivering U.S. democracy assistance. U.S non-governmental 
organizations, such as the National Democratic Institute, the 
International Republican Institute, the Solidarity Center, and 
the Center for Individual and Private Enterprise, routinely 
retain staff for long periods of time and therefore develop 
long-term relationships with democratic reformers, building up 
a level of trust that leads to more constructive cooperation. 
This is particularly true in the areas of civil society, 
political parties, and the development of political skills by 
members of parliament. In addition, because these organizations 
have sources of funds outside the U.S. Government, they can 
continue relationships with such reformers even if U.S. 
Government funding becomes disrupted. Finally, supporting non-
governmental organizations can often distance the United States 
from assistance, allowing some reformers to work with U.S. 
nongovernmental organizations when they would not work directly 
with the United States because of domestic political factors.
    Private sector for-profit enterprises have comparative 
advantages in other areas of democracy promotion. Where the 
U.S. is working directly with a foreign government in fostering 
the independence of the judiciary, providing modern 
infrastructure for parliaments, and increasing the capacity of 
executive auditing functions to create greater transparency, 
for-profit enterprises can often bring critical expertise where 
long-term relationships are less important. It is critical that 
such enterprises remain involved but that their use is 
channeled to areas where they can perform best. However, 
because much program design is going on in the field, officers 
with less experience in these distinctions do not have a sense 
when each such mechanism is most efficient.
    Subsection (a) provides findings reflecting the Committee's 
views described above. Subsection (b) provides that the 
Secretary of State and the Administrator of USAID should 
develop guidelines, in consultation with the appropriate 
committees of Congress, and building on existing guidelines, to 
clarify the appropriate roles for non-governmental 
organizations and contractors with respect to democracy 
assistance.

                    TITLE IV--PRESIDENTIAL ACTIONS.

Section 401. Investigation of Violations of International Humanitarian 
        Law.
    This section requires the President to collect information 
regarding incidents that may constitute crimes against humanity 
and report annually to the appropriate Congressional Committees 
any information collected. It requires that the President 
consider what actions he can take to hold such individuals 
accountable, including enhancing the capacity of U.S. 
diplomatic missions to implement restrictions on assistance to 
individuals and entities that commit gross violations of U.S. 
law (such as the so-called Leahy Amendment), such as through 
training on the use of existing databases for documenting and 
monitoring such violations.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

    SECTION 1 OF THE STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956

                ORGANIZATION OF THE DEPARTMENT OF STATE

    Section 1. (a) * * *
          * * * * * * *
    (c) Assistant Secretaries.--
            (1) * * *
            (2) Assistant secretary of state for democracy, 
        human rights, and labor.--(A) There shall be in the 
        Department of State an Assistant Secretary of State for 
        Democracy, Human Rights, and Labor who shall be 
        responsible to the Secretary of State for matters 
        pertaining to human rights and humanitarian affairs 
        (including matters relating to prisoners of war and 
        members of the United States Armed Forces missing in 
        action) in the conduct of foreign policy and such other 
        related duties as the Secretary may from time to time 
        designate. 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. The Secretary of State shall 
        carry out the Secretary's responsibility under section 
        502B of the Foreign Assistance Act of 1961 through the 
        Assistant Secretary.
          * * * * * * *
                              ----------                              


                     FREEDOM INVESTMENT ACT OF 2002

               Subtitle E--Freedom Investment Act of 2002

SEC. 661. SHORT TITLE.

    This subtitle may be cited as the ``Freedom Investment Act 
of 2002''.
          * * * * * * *

SEC. 663. HUMAN RIGHTS ACTIVITIES AT THE DEPARTMENT OF STATE.

    (a) Increasing Resources and Importance of Human Rights.--
It is the sense of Congress that--
            (1) the budget for the Bureau of Democracy, Human 
        Rights, and Labor for fiscal years 2003 and 2004 should 
        be substantially increased so that beginning in fiscal 
        year 2005, and each fiscal year thereafter, not less 
        than 1 percent of the amounts made available to the 
        Department under the heading ``Diplomatic and Consular 
        Programs'', other than amounts made available for 
        worldwide security upgrades and information resource 
        management, should be made available for salaries and 
        expenses of the Bureau of Democracy, Human Rights, and 
        Labor; [and]
            (2) any assignment of an individual to a political 
        officer position at a United States mission abroad that 
        has the primary responsibility for [monitoring human 
        rights developments in a foreign country should be made 
        upon the recommendation] monitoring and promoting 
        democracy and human rights in a foreign country should 
        be made after consultation with and upon the 
        recommendation of the Assistant Secretary of State for 
        Democracy, Human Rights, and Labor in conjunction with 
        the head of the Department's regional bureau having 
        primary responsibility for that country[.]; and
            (3) the level of seniority of any such political 
        officer should be in direct relationship to the 
        severity of the problems associated with the 
        establishment of full democracy and respect for human 
        rights in such country.

           *       *       *       *       *       *       *


SEC. 665. REPORTS ON ACTIONS TAKEN BY THE UNITED STATES TO ENCOURAGE 
                    RESPECT FOR HUMAN RIGHTS.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Separate Report.--The information to be included in the 
report required by sections 116(d) and 502B(b) of the Foreign 
Assistance Act of 1961 pursuant to the amendments made by 
subsections (a) and (b) may be submitted by the Secretary as a 
separate report. [If the Secretary elects to submit such 
information as a separate report, such report shall be 
submitted not later than 30 days after the date of submission 
of the report required by section 116(d) and 502B(b) of the 
Foreign Assistance Act of 1961.]

           *       *       *       *       *       *       *

                              ----------                              


                     FOREIGN ASSISTANCE ACT OF 1961



           *       *       *       *       *       *       *
                                 PART I

CHAPTER 1--Policy; Development Assistance Authorizations

           *       *       *       *       *       *       *


    Sec. 116. Human Rights.--(a) * * *

           *       *       *       *       *       *       *

    (d) The Secretary of State shall transmit to the Speaker of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate, by February 25 of each year, a full 
and complete report regarding--
            (1) * * *

           *       *       *       *       *       *       *

            [(10) 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, the extent to which the United 
        States has taken or will take action to encourage an 
        end to such practices in the country; and]
            [(11)] (10)(A) wherever applicable, a description 
        of the nature and extent--
                    (i) * * *

           *       *       *       *       *       *       *

            (C) such other information related to the use by 
        such government of individuals under the age of 18 as 
        soldiers, as determined to be appropriate by the 
        Secretary[.]; and
            (11) for each country with respect to which the 
        report indicates that extrajudicial killings, torture, 
        or other serious violations of human rights have 
        occurred in the country, a long term strategy, 
        including a specific list of priorities and an action 
        plan, to end such practices in the country, and any 
        actions taken in the previous year to end such 
        practices; and
            (12)(A) a long term strategy to promote and achieve 
        a transition to full democracy and good governance in 
        each country described in subparagraph (B), developed 
        following consultations with nongovernmental 
        organizations, individuals, and movements that promote 
        democratic principles, practices, and values in each 
        such country, including a specific list of priorities, 
        an action plan, and specific responsibilities and 
        activities for chiefs of missions to promote democracy, 
        and any actions taken in the previous year to advance 
        such transition.
            (B) The countries referred to in subparagraph (A) 
        shall include any country which is not governed by a 
        fully functioning democratic form of government, as 
        determined by the Secretary, taking into account the 
        general consensus regarding the status of civil and 
        political rights in a country by major nongovernmental 
        organizations that conduct assessments of such 
        conditions in countries and whether any such country 
        fails to satisfy the following requirements--
                    (i) all citizens of such county have the 
                right to, and are not restricted in practice 
                from, fully and freely participating in the 
                political life of such country regardless of 
                gender, race, language, religion, or beliefs;
                    (ii) the national legislative body of such 
                country and, if directly elected, the head of 
                government of such country, are chosen by free, 
                fair, open, and periodic elections, by 
                universal and equal suffrage, and by secret 
                ballot;
                    (iii) more than one political party in such 
                country has candidates who seek elected office 
                at the national level and such parties are not 
                restricted in their political activities or 
                their process for selecting such candidates, 
                except for reasonable administrative 
                requirements commonly applied in countries 
                categorized as fully democratic;
                    (iv) all citizens in such country have a 
                right to, and are not restricted in practice 
                from, fully exercising the freedoms of thought, 
                conscience, belief, peaceful assembly and 
                association, speech, opinion, and expression, 
                and such country has a free, independent, and 
                pluralistic media;
                    (v) the current government of such country 
                did not come to power in a manner contrary to 
                the rule of law;
                    (vi) such country possesses an independent 
                judiciary and the government of such country 
                generally respects the rule of law; and
                    (vii) such country does not violate other 
                core principles enshrined in the United Nations 
                Charter, the Universal Declaration of Human 
                Rights, the International Covenant on Civil and 
                Political Rights, United Nations Commission on 
                Human Rights Resolution 1499/57 (entitled 
                ``Promotion of the Right to Democracy''), 
                United Nations General Assembly Resolution 55/
                96 (entitled ``Promoting and consolidating 
                democracy''), the assessments used to determine 
                eligibility for financial assistance disbursed 
                from the Millennium Challenge Account, the 
                assessments of nongovernmental organizations of 
                eligibility to participate in the meetings of 
                the Community of Democracies, and the standards 
                established and adopted by the Community of 
                Democracies.

           *       *       *       *       *       *       *

    (g) The information required in paragraphs (11) and (12) of 
subsection (d) and in the sixth sentence of section 502B(b) may 
be provided as separate reports not later than 90 days after 
the submission of the reports required by such sections if the 
Secretary determines that it is in the national security 
interests of the United States, is necessary for the safety of 
individuals identified in such reports, or is necessary to 
further the purposes of this Act. Any information required by 
such paragraphs, including policies adopted or actions taken by 
the United States, may be summarized in the report and 
submitted in a classified addendum.

           *       *       *       *       *       *       *


                                PART II

Chapter 1--Policy

           *       *       *       *       *       *       *


    Sec. 502B. Human Rights.--(a) * * *
    (b) The Secretary of State shall transmit to the Congress, 
as part of the presentation materials for security assistance 
programs proposed for each fiscal year, a full and complete 
report, prepared with the assistance of the Assistant Secretary 
of State for Democracy, Human Rights, and Labor and with the 
assistance of the Ambassador at Large for International 
Religious Freedom, with respect to practices regarding the 
observance of and respect for internationally recognized human 
rights in each country proposed as a recipient of security 
assistance. Wherever applicable, such report shall include 
consolidated information regarding the commission of war 
crimes, crimes against humanity, and evidence of acts that may 
constitute genocide (as defined in article 2 of the Convention 
on the Prevention and Punishment of the Crime of Genocide and 
modified by the United States instrument of ratification to 
that convention and section 2(a) of the Genocide Convention 
Implementation Act of 1987). Wherever applicable, such report 
shall include information on practices regarding coercion in 
population control, including coerced abortion and involuntary 
sterilization. Such report shall also include, wherever 
applicable, information on violations of religious freedom, 
including particularly severe violations of religious freedom 
(as defined in section 3 of the International Religious Freedom 
Act of 1998). Wherever applicable, a description of the nature 
and extent of acts of anti-Semitism and anti-Semitic incitement 
that occur, including the descriptions of such acts required 
under section 116(d)(8). [Such report shall also include, 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, the extent to which 
the United States has taken or will take action to encourage an 
end to such practices in the country.] 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. Each report under this section shall list the 
votes of each member of the United Nations Commission on Human 
Rights on all country-specific and thematic resolutions voted 
on at the Commission's annual session during the period covered 
during the preceding year. Each report under this section shall 
describe the extent to which each country has extended 
protection to refugees, including the provision of first asylum 
and resettlement. Each report under this section shall also 
include (i) wherever applicable, a description of the nature 
and extent of the compulsory recruitment and conscription of 
individuals under the age of 18 by armed forces of the 
government of the country, government-supported paramilitaries, 
or other armed groups, the participation of such individuals in 
such groups, and the nature and extent that such individuals 
take a direct part in hostilities, (ii) what steps, if any, 
taken by the government of the country to eliminate such 
practices, and (iii) such other information related to the use 
by such government of individuals under the age of 18 as 
soldiers, as determined to be appropriate by the Secretary of 
State. In determining whether a government falls within the 
provisions of subsection (a)(3) and in the preparation of any 
report or statement required under this section, consideration 
shall be given to--
            (1) the relevant findings of appropriate 
        international organizations, including nongovernmental 
        organizations, such as the International Committee of 
        the Red Cross; and
            (2) the extent of cooperation by such government in 
        permitting an unimpeded investigation by any such 
        organization of alleged violations of internationally 
        recognized human rights.

           *       *       *       *       *       *       *

                              ----------                              


                      FOREIGN SERVICE ACT OF 1980



           *       *       *       *       *       *       *
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES

           *       *       *       *       *       *       *


                        Chapter 3--Appointments

    Sec. 304. Appointment of Chiefs of Mission.--(a)(1) An 
individual appointed or assigned to be a chief of mission 
should possess clearly demonstrated competence to perform the 
duties of a chief of mission, including, to the maximum extent 
practicable, a useful knowledge of the principal language or 
dialect of the country in which the individual is to serve, and 
knowledge and understanding of the history, the culture, the 
economic and political institutions, and the interests of that 
country and its people. 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.

           *       *       *       *       *       *       *


Chapter 4--Compensation

           *       *       *       *       *       *       *


    Sec. 405. Performance Pay.--(a) * * *

           *       *       *       *       *       *       *

    (d) The President may grant awards of performance pay under 
subsection (b)(3) on the basis of annual recommendations by the 
Secretary of State of members of the Senior Foreign Service who 
are nominated by their agencies as having performed especially 
meritorious or distinguished service. Such service in the 
promotion of internationally recognized human rights, including 
the right to freedom of religion, shall serve as a basis for 
granting awards under this section. 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. Recommendations by the Secretary of State under this 
subsection shall be made on the basis of recommendations by 
special interagency selection boards established by the 
Secretary of State for the purpose of reviewing and evaluating 
the nominations of agencies.

           *       *       *       *       *       *       *


Chapter 6--Promotion and Retention

           *       *       *       *       *       *       *


    Sec. 603. Basis for Selection Board Review.--(a) * * *
    (b)(1) Precepts for selection boards shall include a 
description of the needs of the Service for performance 
requirements, skills, and qualities, which are to be considered 
in recommendations for promotion. The precepts for selection 
boards responsible for recommending promotions into and within 
the Senior Foreign Service shall emphasize performance which 
demonstrates the strong policy formulation capabilities, 
executive leadership qualities, and highly developed functional 
and area expertise, which are required for the Senior Foreign 
Service. The precepts for selection boards shall include, 
whether the member of the Service or the member of the Senior 
Foreign Service, as the case may be, has demonstrated--
            (1) a willingness and ability to explain United 
        States policies in person and through the media when 
        occupying positions for which such willingness and 
        ability is, to any degree, an element of the member's 
        duties, or
            (2) other experience in public diplomacy.
            (2) Precepts for selection boards shall also, where 
        applicable, include a specific precept evaluating 
        whether members of the Service and members of the 
        Senior Foreign Service have met the standards of 
        performance established by the Secretary pursuant to 
        section 108(c) of the ADVANCE Democracy Act of 2007, or 
        have served in a position in which the primary 
        responsibility is to monitor or promote democracy or 
        human rights.

           *       *       *       *       *       *       *

    Sec. 614. Foreign Service Awards.--The President shall 
establish a system of awards to confer appropriate recognition 
of outstanding contributions to the Nation by members of the 
Service. The awards system established under this section shall 
provide for presentation by the President and by the Secretary 
of medals or other suitable commendations for performance in 
the course of or beyond the call of duty which involves 
distinguished, meritorious service to the Nation, including 
extraordinary valor in the face of danger to life or health. 
Distinguished, meritorious service in the promotion of 
internationally recognized human rights, including the right to 
freedom of religion, shall serve as a basis for granting awards 
under this section. 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.

           *       *       *       *       *       *       *


Chapter 7--Career Development, Training, and Orientation

           *       *       *       *       *       *       *


SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS.

    [(a) The] (a) Training on Human Rights.--The Secretary of 
State, with the assistance of other relevant officials, such as 
the Ambassador at Large for International Religious Freedom 
appointed under section 101(b) of the International Religious 
Freedom Act of 1998, the Director of the Office to Monitor and 
Combat Trafficking, and the director of the George P. Shultz 
National Foreign Affairs Training Center, shall establish as 
part of the standard training provided after January 1, 1999, 
for officers of the Service, including chiefs of mission, 
instruction in the field of internationally recognized human 
rights. Such training shall include--
            (1) * * *

           *       *       *       *       *       *       *

    [(b) The] (b) Training on Refugee Law and Religious 
Persecution.--The Secretary of State shall provide sessions on 
refugee law and adjudications and on religious persecution to 
each individual seeking a commission as a United States 
consular officer. The Secretary shall also ensure that any 
member of the Service who is assigned to a position that may be 
called upon to assess requests for consideration for refugee 
admissions, including any consular officer, has completed 
training on refugee law and refugee adjudications in addition 
to the training required in this section.
    (c) Training on Global Democracy Promotion.--
            (1) In general.--In addition to the training 
        required under subsections (a) and (b), the Secretary 
        of State, in cooperation with other relevant officials, 
        including the Under Secretary of State for Democracy 
        and Global Affairs, and the Director of the National 
        Foreign Affairs Training Center of the Foreign Service 
        Institute of the Department of State, shall establish 
        as part of the training provided after December 31, 
        2007, for members of the Service, including all chiefs 
        of mission and deputy chiefs of mission, instruction in 
        how to strengthen and promote democracy through 
        peaceful means in consultation with individuals and 
        nongovernmental organizations that support democratic 
        principles, practices, and values. In particular, such 
        instruction shall be mandatory for members of the 
        Service having reporting or other responsibilities 
        relating to internal political developments and human 
        rights, including religious freedom, in nondemocratic 
        countries or democratic transition countries as defined 
        in section 5 of the ADVANCE Democracy Act of 2007, 
        including for chiefs of mission and deputy chiefs of 
        mission, and shall be completed before the time that 
        such member or chief of mission assumes a post (or, if 
        such is not practical, within the first year of 
        assuming such post).
            (2) Contents of training.--The training required 
        under paragraph (1) shall include instruction, a 
        training manual, and other materials regarding the 
        following:
                    (A) International documents and United 
                States policy regarding electoral democracy and 
                respect for human rights.
                    (B) United States policy regarding the 
                promotion and strengthening of democracy around 
                the world, with particular emphasis on the 
                transition to democracy in nondemocratic 
                countries.
                    (C) For any member, chief of mission, or 
                deputy chief of mission who is to be assigned 
                to a nondemocratic or democratic transition 
                country, instruction regarding ways to promote 
                democracy in such country and providing 
                technical, financial, and other support to 
                individuals (including expatriated citizens) 
                and nongovernmental organizations in such 
                country that support democratic principles, 
                practices, and values.
                    (D) The protection of internationally 
                recognized human rights (including the 
                protection of religious freedom) and standards 
                related to such rights, provisions of United 
                States law related to such rights, diplomatic 
                tools to promote respect for such rights, the 
                protection of individuals who have fled their 
                countries due to violations of such rights 
                (including the role of United States diplomatic 
                and consular missions in providing access to 
                the United States Refugee Admissions Program) 
                and the relationship between respect for such 
                rights and democratic development and national 
                security. The Director of the National Foreign 
                Affairs Training Center of the Foreign Service 
                Institute of the Department of State shall 
                consult with nongovernmental organizations 
                involved in the protection and promotion of 
                such rights and the United States Commission on 
                International Religious Freedom (established 
                under section 201(a) of the International 
                Religious Freedom Act of 1998 (22 U.S.C. 
                6431(a)) in developing the training required by 
                this subparagraph.

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