[116th Congress Public Law 343]
[From the U.S. Government Publishing Office]
[[Page 5135]]
ORGANIZATION OF AMERICAN STATES LEGISLATIVE ENGAGEMENT ACT OF 2020
[[Page 134 STAT. 5136]]
Public Law 116-343
116th Congress
An Act
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. <<NOTE: Jan. 13,
2021 - [S. 1310]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Organization of
American States Legislative Engagement Act of 2020. 22 USC 290q note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organization of American States
Legislative Engagement Act of 2020''.
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''.
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(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 could 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 could 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,
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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 democratically elected
national legislators from OAS member state countries in OAS
activities that advance the principles of the Inter-American
Democratic Charter and the core values of the OAS consistent
with 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);
(2) create an annual forum for democratically elected
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, assessed fees, or voluntary
contributions and that the Secretariat of the OAS shall seek to ensure
shared financial responsibilities among the member states in
facilitating the financial support necessary to carry out this
initiative.
SEC. 5. SUPPORT FOR OAS HUMAN RIGHTS AND ANTI-CORRUPTION
INITIATIVES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) 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
(2) the United States should support efforts to ensure the
effectiveness and independence of OAS initiatives to combat
corruption and impunity in the Americas.
(b) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> an assessment of United States
programs, activities, and initiatives with the OAS to support
anti-corruption and human rights promotion in the Americas;
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(2) <<NOTE: Summary.>> a summary of the steps taken by the
United States Mission to the OAS to strengthen anti-corruption
and anti-impunity efforts in the Americas;
(3) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> a detailed plan to facilitate increased
OAS collaboration, as appropriate, with relevant stakeholders,
including elected national legislators and civil society, in
support of an approach to promote human rights and combat
transnational criminal activities, corruption, and impunity in
the Americas; and
(5) <<NOTE: Implementation plan.>> 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 required 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) <<NOTE: Analysis.>> 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) <<NOTE: Assessment.>> a detailed assessment of OAS
efforts to increase stakeholder engagement to advance human
rights and combat corruption and impunity in the Americas.
(b) <<NOTE: Deadline. Time periods.>> 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; and
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(2) 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.
Approved January 13, 2021.
LEGISLATIVE HISTORY--S. 1310:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
Dec. 10, considered and passed Senate.
Dec. 31, considered and passed House.
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