109th CONGRESS
1st Session
H. R. 1133
To advance and strengthen democracy globally through peaceful means
and to assist foreign countries to implement democratic forms of government,
to strengthen respect for individual freedom, religious freedom, and human
rights in foreign countries through increased United States advocacy, to strengthen
alliances of democratic countries, to increase funding for programs of nongovernmental
organizations, individuals, and private groups that promote democracy, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 3, 2005
Mr. WOLF (for himself, Mr. LANTOS, Mr. SMITH of New Jersey, and Mr. PAYNE)
introduced the following bill; which was referred to the Committee on International
Relations
A BILL
To advance and strengthen democracy globally through peaceful means
and to assist foreign countries to implement democratic forms of government,
to strengthen respect for individual freedom, religious freedom, and human
rights in foreign countries through increased United States advocacy, to strengthen
alliances of democratic countries, to increase funding for programs of nongovernmental
organizations, individuals, and private groups that promote democracy, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Advance Democratic Values,
Address Nondemocratic Countries, and Enhance Democracy Act of 2005' or the
`ADVANCE Democracy Act of 2005'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 3. Statement of policy.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
Sec. 101. Promotion of democracy in foreign countries.
Sec. 103. Translation of annual Department of State reports.
Sec. 104. Strategies to enhance the promotion of democracy in foreign countries.
Sec. 105. Activities by the United States to promote democracy and human
rights in foreign countries.
Sec. 106. Democracy Promotion and Human Rights Advisory Board.
Sec. 107. Establishment and maintenance of Internet site for global democracy
and human rights.
Sec. 108. Programs by United States missions in foreign countries and activities
of chiefs of mission.
Sec. 109. Training for Foreign Service officers.
Sec. 110. Performance pay; promotions; Foreign Service awards.
TITLE II--ALLIANCES WITH OTHER DEMOCRATIC COUNTRIES
Sec. 201. Alliances with other democratic countries.
Sec. 202. Sense of Congress regarding the establishment of a Democracy Caucus.
Sec. 203. Annual diplomatic missions on multilateral issues.
Sec. 204. Strengthening the Community of Democracies.
Sec. 205. Funding for nongovernmental organizations supporting a Community
of Democracies.
TITLE III--FUNDING FOR PROMOTION OF DEMOCRACY
Sec. 302. Human Rights and Democracy Fund.
TITLE IV--SUPPORT FOR SPECIAL AND REGIONAL INITIATIVES
Sec. 402. Sense of Congress regarding support for regional initiatives.
TITLE V--PRESIDENTIAL ACTIONS
Sec. 501. Description of Presidential actions.
Sec. 502. Investigation of violations of international humanitarian law.
Sec. 503. Presidential communications.
TITLE VI--NATIONAL SECURITY COUNCIL
Sec. 601. Special Assistant on Nondemocratic Countries.
SEC. 2. FINDINGS.
Congress finds the following:
(1) All human beings are created equal and possess certain rights and freedoms,
including the fundamental right to participate in the political life and
government of their respective countries. These inalienable rights are recognized
in the Declaration of Independence of the United States and in the Universal
Declaration of Human Rights of the United Nations.
(2) Political legitimacy derives from the consent of the governed, whether
expressed directly or through representatives chosen by free, fair, and
open elections.
(3) In his Inaugural Address and State of the Union Address, President George
W. Bush upheld the pursuit of freedom as the driving ideal of the foreign
policy of the United States and made clear that the best way to defend freedom
is to spread liberty to the places where tyranny thrives, opportunity is
stifled, and terrorism grows.
(4) The right to democracy was affirmed as a human right by the United Nations
Commission on Human Rights on April 27, 1999, by a vote of 50-0 with only
two abstentions. The resolution recognized that democracy is based on free,
fair, and open elections, a foundation of open and transparent civil institutions,
an independent judiciary, the rule of law, a free press, the right of peaceful
assembly, the freedom of religion, and the right of every citizen to participate
fully in the political life of the citizen's country.
(5) Over the past three decades, the number of fully democratic countries
has more than doubled to 89 from 41, while the number of countries governed
by a dictator or a totalitarian government decreased by 37 percent, often
as a result of nonviolent resistance by the peoples of such countries, aided
by support from democratic countries.
(6) 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.
(7) 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 and democracy activists in non-democratic
countries.
(8) The continued lack of democracy, freedom, and fundamental human rights
in some countries is inconsistent with the universal values on which the
United States is based, the promotion of which comprises a fundamental element
of United States foreign policy.
(9) The continued lack of democracy, freedom, and fundamental human rights
in some countries also poses a security threat to the United States, its
interests, and its friends, as it is in such countries that radicalism,
extremism, and terrorism can flourish.
(10) There is a correlation between nondemocratic rule and other threats
to international peace and security, including war, genocide, famine, poverty,
drug trafficking, corruption, refugee flows, human trafficking, religious
persecution, environmental degradation, and discrimination against women.
(11) Wars between or among democratic countries are exceedingly rare, while
wars between and among nondemocratic countries are commonplace, with nearly
170,000,000 people having lost their lives because of the policies of totalitarian
governments.
(12) There is a strong correlation between nondemocratic rule and famine.
(13) Seventy-seven percent of refugees in the world come from countries
that lack electoral democracy.
(14) In nondemocratic countries, women are often exposed to particular hardships
and a lack of opportunity, and trafficking in women and children often flourishes.
(15) There is a positive correlation between economic and political freedom
and preservation of the environment.
(16) A world that fully reflects fundamental human and political rights
would be free of dictatorship. Such a world would be profoundly safer and
more just, peaceful, prosperous, and stable. Countries that lack freedom
and democracy necessarily limit the full flourishing of human potential
and, as such, a goal of United States foreign policy is to promote universal
democracy.
(17) The transition to democracy must be led from within nondemocratic countries
and by nationals of such countries who live abroad. Nevertheless, democratic
countries have a number of instruments available for supporting democratic
reformers who are committed to promoting effective, nonviolent change in
nondemocratic countries.
(18) United States efforts to promote democracy in countries where it is
lacking can be strengthened. A full evaluation of United States funds expended
for the support of democracy is necessary to ensure an efficient and effective
use of such funds.
(19) In 2002, Congress passed the Freedom Investment Act of 2002 (subtitle
E of title VI of division A of the Foreign Relations Authorization Act,
Fiscal Year 2003) to increase the focus on promoting human rights and democracy
as an element of United States foreign policy.
(20) United States ambassadors and diplomats can play a critical role in
the effort to promote democracy by publicly demonstrating support for democratic
principles, by discussing democratic, social, and economic freedoms with
citizens and leaders of non-democratic countries, and by building relationships
with citizens that promote democratic principles, practices, and values.
United States missions in non-democratic countries are potential `islands
of freedom' in such countries. Training and incentives are needed to assist
United States officials in strengthening the techniques and skills required
to promote democracy.
(21) Nongovernmental organizations and private individuals and movements
also play a vital role in promoting democracy, and the United States must
expand its support of such organizations, individuals, and movements.
(22) The promotion of democracy requires a broad-based effort with collaboration
between all democratic countries. One forum for advancing this effort is
the Community of Democracies, which first met in Warsaw, Poland, in June
2000, and which is scheduled to meet in 2005 in Santiago, Chile.
(23) The promotion of such universal democracy constitutes a long-term challenge
that does not always lead to an immediate transition to full democracy,
but universal democracy is achievable.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States --
(1) to promote freedom and democracy in foreign countries as a fundamental
component of United States foreign policy;
(2) to affirm fundamental freedoms and human rights in foreign countries
and to condemn offenses against those freedoms and rights as a fundamental
component of United States foreign policy;
(3) to use all instruments of United States influence to support, promote,
and strengthen democratic principles, practices, and values in foreign countries,
including the right to free, fair, and open elections, secret balloting,
and universal suffrage;
(4) to protect and promote fundamental political, social, and economic freedoms
and rights, including the freedom of association, of expression, of the
press, and of religion, and the right to own private property;
(5) to protect and promote respect for and adherence to the rule of law
in foreign countries;
(6) to provide appropriate support to organizations, individuals, and movements
located in nondemocratic countries that aspire to live in freedom and establish
full democracy in such countries;
(7) to provide, political, economic, and other support to foreign countries
that are willingly undertaking a transition to democracy;
(8) to commit United States foreign policy to the long-term challenge of
promoting universal democracy; and
(9) to strengthen alliances and relationships with other democratic countries
in order to better promote and defend shared values and ideals.
SEC. 4. DEFINITIONS.
(1) ANNUAL REPORT ON DEMOCRACY- The term `Annual Report on Democracy' means
the Annual Report on Democracy required under section 102(b).
(2) ANNUAL REPORT ON THE STATUS OF DEMOCRATIC ALLIANCES OF THE UNITED STATES-
The term `Annual Report on the Status of Democratic Alliances of the United
States' means the Annual Report on the Status of Democratic Alliances of
the United States required under section 206(a).
(3) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional
committees' means--
(A) the Committee on International Relations of the House of Representatives;
and
(B) the Committee on Foreign Relations of the Senate.
(4) COMMUNITY OF DEMOCRACIES AND COMMUNITY- The terms `Community of Democracies'
and `Community' mean the association of democratic countries committed to
the global promotion of democratic principles, practices, and values, which
held its First Ministerial Conference in Warsaw, Poland, in June 2000.
(5) DEPARTMENT- The term `Department' means the Department of State.
(6) ELIGIBLE ENTITY- The term `eligible entity' means any nongovernmental
organization, international organization, multilateral institution, private
foundation, corporation, partnership, association, or other entity, organization,
or group engaged in (or with plans to engage in) the promotion of democracy
and fundamental rights and freedoms in foreign countries categorized as
`partly democratic' or `nondemocratic' in the most recent Annual Report
on Democracy.
(7) ELIGIBLE INDIVIDUAL- The term `eligible individual' means any individual
engaged in, or who intends to engage in, the promotion of democracy and
fundamental rights and freedoms in foreign countries categorized as `partly
democratic' or `nondemocratic' in the most recent Annual Report on Democracy.
(8) HELSINKI PROCESS- The term `Helsinki Process' means the multilateral
process adopted at the Conference on Security and Cooperation in Europe
by member countries of the Organization for Security and Cooperation in
Europe to achieve the security, economic, and humanitarian goals as agreed
to in the Helsinki Final Act of 1975 of the Conference on Security and Cooperation
in Europe (1 August 1975), and as reinforced in subsequent agreements, including
the Vienna Concluding Document of 1983 of the Conference on Security and
Cooperation in Europe (15 January 1983), the Madrid Concluding Document
of 1983 of the Conference on Security and Cooperation in Europe (6 September
1983), and the Copenhagen Document of 1990 on the Human Dimension of the
Conference on Security and Cooperation in Europe (29 June 1990).
(9) INTERNATIONAL FINANCIAL INSTITUTION- The term `international financial
institution' means the International Bank for Reconstruction and Development,
the International Development Association, the International Monetary Fund,
the International Finance Corporation, the Inter-American Development Bank,
the African Development Bank, the African Development Fund, the Asian Development
Bank, the European Bank for Reconstruction and Development, and the Multilateral
Investment Guarantee Agency.
(10) REGIONAL DEMOCRACY HUB AND HUB- The terms `Regional Democracy Hub'
and `Hub' mean the Regional Democracy Hubs established under section 101(d)(2).
(11) SECRETARY- The term `Secretary' means the Secretary of State.
(12) SPECIAL ASSISTANT- The term `Special Assistant' means the Special Assistant
to the President on Nondemocratic Countries established under subsection
(l) of section 101 of the National Security Act of 1947 (50 U.S.C. 402),
as added by section 601 of this Act.
(13) UNDER SECRETARY- The term `Under Secretary' means the Under Secretary
of State for Global Affairs established under section 1(b) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)), as amended
by section 101(a)(2) of this Act.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
SEC. 101. PROMOTION OF DEMOCRACY IN FOREIGN COUNTRIES.
(a) Codification of Under Secretary of State for Global Affairs- Section 1(b)
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(b))
is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new paragraph:
`(4) UNDER SECRETARY OF STATE FOR GLOBAL AFFAIRS- There shall be in the
Department of State, among the Under Secretaries authorized by paragraph
(1), an Under Secretary of State for Global Affairs, who shall have primary
responsibility to assist the Secretary and the Deputy Secretary in the formulation
and implementation of United States policies and activities relating to
the transition to and development of democracy in nondemocratic countries
and to coordinate United States policy on global issues, including issues
related to human rights, women's rights, freedom of religion, labor standards
and relations, the preservation of the global environment, the status and
protection of the oceans, scientific cooperation, narcotics control, law
enforcement, population issues, refugees, migration, war crimes, and trafficking
in persons. The Secretary may assign such other responsibilities to the
Under Secretary for Global Affairs as the Secretary determines appropriate
or necessary. In particular, the Under Secretary for Global Affairs shall
have the following responsibilities:
`(A) Promoting democracy and fundamental rights and freedoms in foreign
countries, condemning violations of the right of an individual to participate
in the government and political life of the country of the individual,
either directly or through representatives chosen in free, fair, and open
elections, and recommending appropriate actions to be undertaken by the
United States whenever such right is violated or is in danger of being
violated.
`(B) Coordinating with the Under Secretary for Public Diplomacy and Public
Affairs and employees and officers from the regional bureaus of the Department
of State to--
`(i) promote the transition to and development of democracy in nondemocratic
countries; and
`(ii) promote and strengthen the development of democracy in countries
that are in transition to democracy.
`(C) Developing, in consultation with other appropriate executive agencies
having programs and responsibilities related to democracy promotion, a
strategic plan to promote transition to and development of democracy in
nondemocratic countries and overseeing implementation of the plan through
an appropriate interagency process.
`(D) Advising the Secretary regarding any recommendation requested by
any official of any other agency that relates to the human rights situation
in a foreign country or the effects on human rights or democracy in a
foreign country of an agency program of such official.
`(E) Assisting the Secretary in the preparation of the reports required
under section 102 of the Advance Democratic Values, Address Nondemocratic
Countries, and Enhance Democracy Act of 2005.'.
(b) Additional Duties for Assistant Secretary of State for Democracy, Human
Rights, and Labor- Section 1(c)(2) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(c)(2)) is amended--
(1) in subparagraph (A), by inserting after the first sentence the following
new sentence: `The Assistant Secretary of State for Democracy, Human Rights,
and Labor shall also be responsible to the Under Secretary of State for
Global Affairs 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.';
(2) by adding after subparagraph (B) the following new subparagraph:
`(C) The Assistant Secretary of State for Democracy, Human Rights, and Labor
shall maintain continuous observation of and review all matters pertaining
to the transition to and promotion and development of democracy in foreign
countries. In particular, the Assistant Secretary shall have the following
responsibilities:
`(i) Assisting the Under Secretary of State for Global Affairs in the
preparation of the reports required under section 102 of the Advance Democratic
Values, Address Non-Democratic Countries, and Enhance Democracy Act of
2005.
`(ii) Making recommendations to the Under Secretary of State for Global
Affairs regarding the promotion of democracy in foreign countries, including
assisting the Under Secretary to--
`(I) promote transition to and development of democracy in nondemocratic
countries;
`(II) promote and strengthen the development of democracy in foreign
countries that are in the early stages of a transition to democracy;
and
`(III) support and promote the academic and intellectual study and discussion
of democracy in democratic, partly democratic, and nondemocratic countries.
`(iii) Gathering detailed information that furthers--
`(I) the identification of foreign countries that are democracies, the
extent to which democracy is established in such countries, and the
extent to which such countries are committed to promoting democratic
principles, practices, and values;
`(II) the understanding of the most effective means of change and methods
of nonviolent action to promote and achieve transition to democracy
in a foreign country;
`(III) the identification of and consultation with nongovernmental organizations,
individuals, and movements that promote democratic principles, practices,
and values in partly democratic and nondemocratic countries to obtain
the views of such organizations, individuals, and movements on the approaches
that the United States should take to promote the transition of the
governments of such countries to full democracies; and
`(IV) the documentation of human rights abuses condoned or encouraged
by leaders of nondemocratic countries, including an identification of
such leaders.
`(iv) Consulting with nongovernmental organizations, individuals, and
movements committed to the peaceful promotion of democracy, democratic
principles, practices and values, and fundamental rights and freedoms.
`(v) Coordinating United States Government assistance to promote democracy
abroad, including designing and coordinating an overall assistance strategy,
pursuing coordination with other countries and international organizations,
ensuring proper management, implementation, and oversight by United States
agencies, and resolving policy and program disputes among such agencies.
`(vi) Performing such other responsibilities which serve to promote and
develop democracy in foreign countries.'.
(c) Authorization of Appropriations- In addition to amounts otherwise authorized,
there is authorized to be appropriated to the Secretary of State $10,000,000
for fiscal year 2006, and such sums as may be necessary in each fiscal year
thereafter, for the hiring of staff and the conduct of the business of the
offices of the Under Secretary of State for Global Affairs and the Assistant
Secretary of State for Democracy, Human Rights, and Labor.
(d) Department of State and United States Missions Abroad-
(1) OFFICE OF DEMOCRATIC MOVEMENTS AND TRANSITIONS-
(A) ESTABLISHMENT- There is established within the Bureau of Democracy,
Human Rights, and Labor of the Department of State an Office of Democratic
Movements and Transitions.
(B) PURPOSE- The Office shall promote transitions to full democracy in
countries that have been designated as nondemocratic or partly democratic
in the most recent Annual Report on Democracy required under section 102(b).
(C) DIRECTOR- The Secretary of State, after consultation with the Assistant
Secretary of State for Democracy, Human Rights, and Labor, shall appoint
a Director to head the Office, who shall report to the Assistant Secretary.
The individual chosen as Director should possess clearly demonstrated
competence in and commitment to the promotion of democracy, including
competence in promoting democratic principles, practices, values, and
ideals through nonviolent means.
(D) RESPONSIBILITIES- The Director of the Office shall--
(i) develop relations with, consult with, and provide assistance to
nongovernmental organizations, individuals, and movements that are committed
to the peaceful promotion of democracy, democratic principles, practices,
and values, and fundamental rights and freedoms in countries described
in subparagraph (B);
(ii) develop strategies and programs to promote peaceful change in such
countries;
(iii) provide political, financial, and other support to nongovernmental
organizations, individuals, and movements that promote democratic principles,
practices, and values in such countries, including providing training
in the strategy and tactics of nonviolent change and providing training
equipment related to such purpose;
(iv) foster relationships between nongovernmental organizations, individuals,
and movements and the United States and the governments of other democratic
countries, and establish common positions with other democratic countries
and the Community of Democracies to promote democratic transitions in
countries described in subparagraph (B);
(v) foster dialogue, the extent practicable, between the leaders of
such nongovernmental organizations, individuals, and movements and the
officials of such countries;
(vi) evaluate recommendations by the Democracy Promotion Advisory Board,
established under section 106, regarding strategies to promote democracy
in such countries;
(vii) communicate with the leaders and other senior government officials
of such countries concerning respect for liberty, democracy, and political,
social, and economic freedoms;
(viii) communicate with opposition political parties within such countries
that support democratic values and respect for human rights;
(ix) create narratives and histories required under section 107(b) for
the Internet site for global democracy and human rights and assist in
the preparation of the report required under section 102; and
(x) facilitate, in coordination with public affairs officers and offices
of the Department of State responsible for public diplomacy programs
in such countries, debates and discussions, including among young people
in other countries, regarding the values and benefits of democracy and
human rights at academic institutions in such countries.
(2) REGIONAL DEMOCRACY HUBS AT UNITED STATES MISSIONS ABROAD-
(i) IN GENERAL- The Secretary shall establish at least one Regional
Democracy Hub at one United States mission in each of the following
geographic regions:
(I) the Western Hemisphere;
(V) East Asia and the Pacific; and
(ii) DIRECTOR- Each Regional Democracy Hub shall be headed by a Director.
The Director and the associated staff shall be selected by the Secretary
of State in consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor.
(B) RESPONSIBILITIES- Each Regional Democracy Hub shall support the appropriate
United States ambassador and United States employees assigned to United
States missions in each such geographic region to carry out the responsibilities
described in this Act, including--
(i) assisting the Assistant Secretary for Democracy, Human Rights, and
Labor and the Under Secretary for Global Affairs to conceive and implement
strategies for transitions to democracy for each nondemocratic country
in the geographic region for which such Hub is responsible, including
regional strategies as appropriate, and assisting such United States
missions to prepare the reports required under section 102;
(ii) helping to design and implement programs funded by the Human Rights
and Democracy Fund described in section 302, including making proposals
directly to the Assistant Secretary for Democracy, Human Rights, and
Labor regarding the use of the Fund; and
(iii) supporting the implementation of other requirements of this Act,
including identifying opportunities for United States officials to speak
directly to citizens, particularly to young people, in such countries.
(C) ACCREDITATION- As appropriate, the Department shall seek accreditation
for the Director to all nondemocratic countries in each geographic region
for which each Hub is responsible.
(D) TERMINATION- No earlier than two years after a geographic region has
ceased to include any nondemocratic or partly democratic country, the
Secretary may terminate the Hub for such region.
(E) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Secretary such sums as may be necessary to carry out the responsibilities
described in subparagraph (B), including hiring additional staff to carry
out such responsibilities.
(3) RESPONSIBILITIES OF THE BUREAU OF INTELLIGENCE AND RESEARCH- The Assistant
Secretary for Intelligence and Research shall coordinate with the Department
of the Treasury, the Department of Justice, the Central Intelligence Agency,
other appropriate intelligence agencies, and, as appropriate, with foreign
governments to--
(A) monitor and document financial assets inside and outside the United
States held by leaders of countries determined to be nondemocratic under
section 102;
(B) identify close associates of such leaders; and
(C) monitor and document financial assets inside and outside the United
States held by such close associates.
(A) DEPUTY ASSISTANT SECRETARY OF STATE FOR DEMOCRACY, HUMAN RIGHTS, AND
LABOR- There shall be in the Department of State a Deputy Assistant Secretary
of State for Democracy, Human Rights, and Labor who shall report to the
Assistant Secretary of State for Democracy, Human Rights, and Labor. Such
Deputy Assistant Secretary shall be in addition to the current number
of such other Deputy Assistant Secretaries so reporting. In addition to
considering qualified noncareer candidates, the Secretary of State shall
seek to recruit senior members of the Senior Foreign Service to serve
in such position.
(B) RESPONSIBILITIES- In addition to such other duties as the Secretary
or Assistant Secretary of State for Democracy, Human Rights, and Labor
may from time to time designate, the Deputy Assistant Secretary of State
for Democracy, Human Rights, and Labor shall--
(i) coordinate the work of the Office of Democratic Movements and Transitions
with the work of other offices and bureaus at the Department of State;
(ii) coordinate the work of the Office of Democratic Movements and Transitions
with the work of other United States Government agencies;
(iii) forge connections between the United States and nongovernmental
organizations, individuals, and movements committed to the promotion
of democracy and democratic principles, practices, and values; and
(iv) seek ways to promote and enhance the work of nongovernmental organizations,
individuals, and movements committed to the promotion of democracy and
democratic principles, practices, and values.
(5) RECRUITMENT- The Secretary shall seek to ensure that no later than December
31, 2012, not less than 50 percent of the nonadministrative employees serving
in the Bureau of Democracy, Human Rights, and Labor are members of the Foreign
Service.
SEC. 102. REPORTS.
(a) Portions of Annual Human Rights Reports- The Under Secretary of State
for Global Affairs shall assist the Secretary of State in the preparation
of those portions of the reports and other information provided to Congress
required under sections 116 and 502B of the Foreign Assistance Act of 1961
(22 U.S.C. 2151n and 2304) that relate to freedom and political rights as
set forth in the Universal Declaration of Human Rights.
(b) Annual Report on Democracy-
(1) PREPARATION AND DEADLINE FOR SUBMISSION- The Secretary of State shall
prepare an Annual Report on Democracy. The Under Secretary of State for
Global Affairs, with the assistance of the Assistant Secretary of State
for Democracy, Human Rights, and Labor, shall have the principal responsibility
of assisting the Secretary in the preparation of the Annual Report. The
Under Secretary and Assistant Secretary shall consult with the regional
bureaus of the Department of State in the preparation of the Annual Report.
Not later than July 1 of each year, the Secretary shall submit to the appropriate
congressional committees the Annual Report on Democracy.
(2) CONTENTS- The Annual Report on Democracy shall contain the following:
(A) EXECUTIVE SUMMARY- An Executive Summary with a table listing every
foreign country, together with a categorization of each country as `fully
democratic', `partly democratic', or `nondemocratic'. The Executive Summary
shall contain a short narrative highlighting the status of democracy in
each country categorized as partly democratic or nondemocratic.
(i) DETERMINATION OF CATEGORIZATION- With respect to a country listed
in the Executive Summary, the Secretary shall determine which of the
categorizations specified under subparagraph (A) is appropriate by reference
to the principles enshrined in the United Nations Charter, the Universal
Declaration of Human Rights, the International Covenant on Civil and
Political Rights, the United Nations Commission on Human Rights Resolution
1499/57 (entitled `Promotion of the Right to Democracy'), the assessments
used to determine eligibility for financial assistance disbursed from
the Millennium Challenge Account, the assessments of nongovernmental
organizations used to determine eligibility to participate in the meetings
of the Community of Democracies, and the standards established and adopted
by the Community of Democracies. In addition, the categorization of
a country should be informed by the general consensus regarding the
status of civil and political rights in such country by major nongovernmental
organizations that conduct assessments of such conditions in such countries.
(ii) DETERMINATION OF NONDEMOCRATIC CATEGORIZATION-
(I) IN GENERAL- The Secretary shall categorize a country as nondemocratic
if such country fails to satisfy any of the following requirements:
(aa) 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.
(bb) 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.
(cc) 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.
(dd) 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.
(ee) The current government of such country did not come to power
in a manner contrary to the rule of law.
(ff) Such country possesses an independent judiciary and the government
of such country generally respects the rule of law.
(II) ADDITIONAL CONSIDERATIONS- Notwithstanding the satisfaction by
a country of the requirements specified under subclause (I), the Secretary
may categorize a country as nondemocratic if the Secretary determines
that such is appropriate after consideration of the principles specified
under clause (i) with respect to such country.
(B) STATUS OF DEMOCRACY- A description of each country categorized as
partly democratic or nondemocratic in the Executive Summary, including--
(i) an evaluation of trends over the preceding 12 months towards improvement
or deterioration in the commitment to and protection of democratic principles,
practices, values, institutions, and processes in each such country;
(ii) an evaluation of the political rights and freedoms enjoyed by individuals
in each such country and an evaluation of the factors that prevent each
such country from being categorized as fully democratic; and
(iii) for each country previously categorized as nondemocratic in the
Executive Summary from the preceding year, an evaluation of any progress
made over the previous calendar year towards achieving a categorization
of partly democratic or fully democratic.
(C) STRATEGY FOR NONDEMOCRATIC COUNTRIES- An in-depth examination of each
country categorized as nondemocratic in the Executive Summary, including--
(i) a specific action plan developed following consultations with nongovernmental
organizations, individuals, and movements that promote democratic principles,
practices, and values in each such country to promote and achieve transition
to full democracy in each such country, including a summary of actions
taken by the United States in furtherance of such goal in the preceding
12 months;
(ii) a summary of any actions taken by the President pursuant to section
501 with respect to any such country, the effects of any such actions,
and if no such actions have been taken, a statement explaining why not;
(iii) a summary of any actions taken by the chief of mission and officials
of the United States in each such country with which the United States
maintains diplomatic and consular posts with respect to promoting such
a transition within that country and any activities of the embassy or
consulate in that country to support individuals and organizations in
that country that actively advocate for such a transition;
(iv) a summary of efforts taken by officials of the United States to
speak directly to the people in each country, and in particular, a description
of any visits taken by the chief of mission and other officials of the
United States in each such country to the colleges and universities
and other institutions in the country where young people congregate
and learn; and
(v) a summary of any communications between United States Government
officials, including the chief of mission, and the leader and other
high government officials of each such country concerning respect for
liberty, democracy, and political, social, and economic freedoms.
(D) UNITED STATES POLICIES- A description of United States actions and
policies aimed at promoting democracy in foreign countries categorized
as partly democratic or nondemocratic, and the extent to which such actions
and policies were undertaken in coordination with other democratic countries.
(E) PEACEFUL TRANSFERS OF POLITICAL POWER- A description of peaceful transfers
of political power in each country categorized as partly democratic or
nondemocratic in the Executive Summary that have occurred between rival
political entities according to established rules and without violence.
(3) CLASSIFIED ADDENDUM- If the Secretary determines that it is in the national
security interests of the United States, is necessary for the safety of
individuals identified in the Annual Report on Democracy, or is necessary
to further the purposes of this Act, any information required by paragraph
(2), including policies adopted or actions taken by the United States, may
be summarized in the Annual Report on Democracy or the Executive Summary
and submitted to the appropriate congressional committees in more detail
in a classified addendum.
(4) PUBLIC DISCLOSURE- The Executive Summary shall be made available on
the Department of State Internet site, except for information that is classified
under paragraph (3).
(c) One-Time Report on Training and Guidelines for Foreign Service Officers
and Chiefs of Mission- The Secretary of State, in consultation with the Under
Secretary of State for Global Affairs, shall submit to the appropriate congressional
committees a one-time report containing a description of the training provided
under section 109 for foreign service officers, including chiefs of mission
serving or preparing to serve in countries categorized as partly democratic
or nondemocratic or chiefs of mission in fully democratic countries whose
job performance could benefit from such training, with respect to methods
to promote and achieve transition to full democracy in each such country,
including nonviolent action. The Secretary shall submit the report together
with the first Annual Report on Democracy required under subsection (b).
SEC. 103. TRANSLATION OF ANNUAL DEPARTMENT OF STATE REPORTS.
(a) Translation- The Secretary of State shall ensure that the relevant country
specific sections of the reports listed in subsection (b) that relate to a
particular country are translated into the principal languages of such country
and made available in such country.
(b) Reports- The relevant country specific sections of the reports referred
to in subsection (a) are the following:
(1) Country specific sections of the most recent Annual Report on Democracy.
(2) Country specific sections of the most recent annual Trafficking in Persons
Report prepared by the Office to Monitor and Combat Trafficking in Persons
of the Department of State.
(3) Country specific sections of the most recent Annual Report on International
Religious Freedom prepared by the Office of International Religious Freedom
in the Bureau of Democracy, Human Rights, and Labor of the Department of
State.
(4) Country specific sections of the most recent annual Country Reports
on Human Rights Practices prepared by the Bureau of Democracy, Human Rights,
and Labor of the Department of State.
(c) Date for Completion- Not later than 120 days after the completion of each
report described in subsection (a), the Secretary shall ensure the translation
of each such report.
(d) Authorization of Appropriations- In addition to amounts that are otherwise
available for the translation of Department of State reports, there is authorized
to be appropriated to the Secretary such sums as may be necessary to carry
out this section.
SEC. 104. STRATEGIES TO ENHANCE THE PROMOTION OF DEMOCRACY IN FOREIGN COUNTRIES.
(a) Working Group on Nondemocratic Countries- Beginning in the year after
the second Annual Report on Democracy required under section 102(b) is submitted
and not less than once each year thereafter, the Under Secretary of State
for Global Affairs shall convene a working group under subsection (c) focused
on each country designated as nondemocratic in the most recent such report
in order to--
(1) review progress on the action plan with respect to each such country
to promote and achieve the transition to full democracy in such country;
and
(2) receive recommendations regarding further action that should be taken
with respect to such plan.
(b) Working Group on Countries in Transition- Beginning in the year after
the second Annual Report on Democracy required under section 102(b) is submitted
and not less than once each year thereafter, the Under Secretary of State
for Global Affairs should also convene a working group under subsection (c)
focused on the progress towards a fully democratic form of governance in each
country designated as `partly democratic' in the most recent annual report
that was designated as `nondemocratic' in any of the previous annual reports.
(c) Members of Working Groups- The working groups referred to in subsections
(a) and (b) shall include officers and employees of the Department of State
and appropriate representatives from other relevant government agencies, including
the United States Agency for International Development, the Department of
the Treasury, and the Department of Defense.
(d) Consultations With Chiefs of Missions- The chief of mission for each country
designated as nondemocratic or partly democratic in the most recent Annual
Report on Democracy shall meet with the Under Secretary of State for Global
Affairs at least once each year to discuss the transition to full democracy
in such country, including any actions the chief of mission has taken to implement
the action plan for such country included in such report.
SEC. 105. ACTIVITIES BY THE UNITED STATES TO PROMOTE DEMOCRACY AND HUMAN
RIGHTS IN FOREIGN COUNTRIES.
(a) Freedom Investment Act of 2002- The Freedom Investment Act of 2002 (subtitle
E of title VI of Public Law 107-228) is amended--
(1) in Section 663(a), (relating to human rights activities at the Department
of State)--
(A) in paragraph (1), by striking `and' at the end;
(B) by redesignating paragraph (2) as paragraph (4);
(C) by inserting after paragraph (1) the following new paragraphs:
`(2) a United States mission abroad in a country that has been designated
as nondemocratic in the most recent Annual Report on Democracy (as required
under section 102(b) of the Advance Democratic Values, Address Nondemocratic
Countries, and Enhance Democracy Act of 2005) should have at least one political
officer who shall have primary responsibility for monitoring and promoting
democracy and human rights in such country;
`(3) the level of seniority of any such political officer should be in direct
relationship to the severity of the problems associated with the establishment
of full democracy and respect for human rights in such country; and'; and
(D) in paragraph (4), as so redesignated, by striking `monitoring human
rights developments' and all that follows through `recommendation' and
inserting the following: `monitoring and promoting democracy and human
rights, including a political officer described in paragraphs (2) and
(3), in a foreign country should be made after consultation with and upon
the recommendation'; and
(2) in Section 665(c) (relating to reports on actions taken by the United
States to encourage respect for human rights), by striking the second sentence
and inserting adding at the end the following new sentences: `If the Secretary
elects to submit such information as a separate report, such report may
be submitted as part of the Annual Report on Democracy required under section
102(b) of the Advance Democratic Values, Address Nondemocratic Countries,
and Enhance Democracy Act of 2005. If the Secretary makes such an election,
such report shall be organized so as to contain a separate section for each
country to which such information applies, together with a short narrative
describing the extrajudicial killing, torture, or other serious violations
of human rights that are indicated to have occurred in each such country.'.
(b) Foreign Assistance Act of 1961- The Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d)), by striking paragraph 10 and
inserting the following new paragraph:
`(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, a 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 in the country.'; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by striking the sixth sentence
and inserting the following new sentence: `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, a 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 in the country.'.
SEC. 106. DEMOCRACY PROMOTION AND HUMAN RIGHTS ADVISORY BOARD.
(a) Establishment- There is established a Democracy Promotion and Human Rights
Advisory Board.
(b) Purpose and Duties- The Board shall advise and provide recommendations
to the Secretary of State, the Under Secretary of State for Global Affairs,
the Assistant Secretary of State for Democracy, Human Rights, and Labor, and
the Assistant Administrator for the Bureau of Democracy, Conflict and Humanitarian
Assistance of the United States Agency for International Development concerning
United States policies regarding the promotion of democracy and the establishment
of universal democracy, including the following:
(1) Reviewing and making recommendations regarding the overall United States
strategy for promoting democracy and human rights in partly democratic and
nondemocratic countries, including methods for incorporating the promotion
of democracy and human rights into United States diplomacy, the use of international
organizations to further United States democracy promotion goals, and ways
in which the United States can work with other countries and the Community
of Democracies to further such purposes.
(2) Recommendations regarding specific strategies to promote democracy in
countries categorized as nondemocratic in the most recent Annual Report
on Democracy under section 102(b), in countries that are in a transition
to democracy, and methods for consulting and coordinating with individuals
(including expatriates) and nongovernmental organizations that promote democratic
principles, practices, and ideals.
(3) Recommendations regarding the use of--
(A) programs related to the promotion of democracy and human rights administered
by the United States Agency for International Development; and
(B) the Human Rights and Democracy Fund, established under section 664
of the Freedom Investment Act of 2002 (subtitle E of title VI of Public
Law 107-228).
(4) Recommendations regarding regulations to be promulgated concerning--
(A) the standards of performance to be met by members of the Foreign Service,
including chiefs of mission, under section 405(d) of the Foreign Service
Act of 1980 (22 U.S.C. 3965(d)); and
(B) the development of programs to promote democracy in foreign countries
under section 108, relating to programs undertaken by United States missions
in foreign countries and the activities of chiefs of mission.
(c) Study on Democracy Assistance-
(1) IN GENERAL- Not later than 18 months after the appointment of five members
of the Board, the Board shall submit to the President, Congress, and the
Secretary a study on United States democracy assistance.
(2) TRANSMITTAL- Copies of the report shall be transmitted to the Under
Secretary of State for Global Democracy, the Assistant Secretary of State
for Democracy, Human Rights, and Labor, the Broadcasting Board of Governors,
the Administrator of the United States Agency for International Development,
the President of the National Endowment for Democracy, the President of
the Center for International Private Enterprise, the President of the International
Republican Institute, the President of the National Democratic Institute
for International Affairs, and the President of the Free Trade Union Institute.
(3) CONTENTS- The study shall include--
(A) a comprehensive review and an overall evaluation of the efficiency
and effectiveness of United States appropriations for the promotion of
democracy, including--
(i) information regarding the amount of money dedicated to such purpose
each fiscal year;
(ii) an identification of the international organizations, nongovernmental
organizations, multilateral institutions, individuals, private groups
(including corporations and other businesses), and government agencies
and departments receiving such funds for such purpose;
(iii) information regarding the efficiency and effectiveness of the
use of such funds to promote a transition to democracy in nondemocratic
countries with a special emphasis on activities related to the promotion
of democracy under section 302(b), relating to the Human Rights and
Democracy Fund; and
(iv) information regarding the efficiency and effectiveness of the use
of such funds to promote and sustain democracy in countries that are
already fully democratic or partly democratic;
(i) the ability of the Broadcasting Board of Governors to provide 24-hour
service seven days a week to all countries categorized as nondemocratic
in the most recent Annual Report on Democracy and the influence such
broadcasts may have on the views of citizens of such countries, including
information relating to programming on the means of nonviolent protest
and successful movements for democratic change in other countries around
the world; and
(ii) the advisability of supporting private media sources that are not
controlled or owned by the United States, including by providing grants,
loans, or loan guarantees and by establishing a new entity that would
manage such a program to promote a wider range of view that have no
connection to the United States;
(C) policy recommendations to the President and Congress regarding ways
to improve United States programs for the promotion of democracy; and
(D) recommendations for reform of United States Government agencies involved
in the promotion of democracy.
(1) APPOINTMENT- The Board shall be composed of nine members, who shall
be citizens of the United States and who shall not be officers or employees
of the United States. The members shall be appointed as follows:
(A) Three members shall be appointed by the President.
(B) Three members shall be appointed by the Speaker of the House of Representatives,
of whom two members shall be appointed upon the recommendation of the
leader in the House of the political party that is not the political party
of the President, and of whom one member shall be appointed upon the recommendation
of the leader in the House of the other political party.
(C) Three members shall be appointed by the President pro tempore of the
Senate, of whom two members shall be appointed upon the recommendation
of the leader in the Senate of the political party that is not the political
party of the President, of whom one member shall be appointed upon the
recommendation of the leader in the Senate of the other party.
(2) SELECTION AND VACANCIES- Members of the Board shall be selected from
among distinguished individuals noted for their knowledge and experience
in fields relevant to the issues to be considered by the Board, including
issues related to the promotion of democracy, international relations, management
and organization of foreign assistance or comparable programs, methods and
means of nonviolent protest, academic study and debate of democracy, human
rights, and international law. A vacancy on the Board shall not affect its
powers, but shall be filled in the manner in which the original appointment
was made.
(3) TIME FOR APPOINTMENT- The appointment of members to the Board under
paragraph (1) shall be made not later than 120 days after the date of the
enactment of this Act.
(4) TERM OF SERVICE AND SUNSET- Each member shall be appointed to the Board
for a term that shall expire on the date that is one year after the date
of the submission of the report under subsection (c). The Board shall terminate
on the date that is one year after the date of the submission of the report
under such subsection.
(5) SECURITY CLEARANCES- The Secretary shall ensure that all members of
the Board, and appropriate experts and consultants under paragraph (6)(H),
obtain relevant security clearances in an expeditious manner.
(A) CHAIRPERSON- Not later than 15 days after the completion of the appointment
of all members to the Board under paragraph (1), the President shall appoint
a chairperson for the Board from among the members.
(B) MEETINGS- The Board shall meet at the call of the chairperson. The
initial meeting of the Board shall be held not later than 30 days after
the appointment of the chairperson under subparagraph (A).
(C) QUORUM- A majority of the members of the Board shall constitute a
quorum to conduct business, but the Board may establish a lesser quorum
for conducting meetings scheduled by the Board.
(D) RULES- The Board may establish by majority vote any other rules for
the operation of the Board under this paragraph, if such rules are not
inconsistent with this Act or other applicable law.
(E) TRAVEL EXPENSES- Members of the Board shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business in the
performance of service for the Board.
(F) OFFICE SPACE AND ADMINISTRATIVE ASSISTANCE- Upon the request of the
chairperson of the Board, the Secretary shall provide reasonable and appropriate
office space, supplies, and administrative assistance.
(G) APPLICABILITY OF CERTAIN OTHER LAWS- Nothing in this section shall
be construed to cause the Board to be considered an agency or establishment
of the United States, or to cause members of the Board to be considered
officers or employees of the United States. Executive branch agencies
may conduct programs and activities and provide services in support of
the activities duties of the Board, notwithstanding any other provision
of law. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Board.
(H) EXPERTS AND CONSULTANTS- The Board may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(e) Authorization of Appropriations- There is authorized to be appropriated
to the Board $2,000,000 for each of fiscal years 2006, 2007, and 2008.
SEC. 107. ESTABLISHMENT AND MAINTENANCE OF INTERNET SITE FOR GLOBAL DEMOCRACY
AND HUMAN RIGHTS.
(a) Establishment- In order to facilitate access by individuals and nongovernmental
organizations in foreign countries to documents, streaming video and audio,
and other media regarding democratic principles, practices, and values, and
the promotion and strengthening of democracy, the Secretary of State, in cooperation
with the Under Secretary of State for Global Affairs, the Under Secretary
for Public Diplomacy and Public Affairs, and the Assistant Secretary of State
for Democracy, Human Rights, and Labor, shall establish and maintain an Internet
site for global democracy and human rights.
(b) Contents- The Internet site for global democracy established under subsection
(a) shall contain the following information:
(1) The Executive Summary prepared under section 102(b)(2)(A), but only
to the extent that information contained therein is not classified.
(2) The texts of the founding documents of the United States, including
the Declaration of Independence, the Constitution, appropriate excerpts
from the Federalist Papers, and other documents that the Under Secretary
of State for Global Affairs determines appropriate.
(3) Selected texts of the founding documents of the leading democratic countries
that the Under Secretary determines appropriate.
(4) Narratives and histories of significant democratic movements in foreign
countries, particularly regarding successful nonviolent campaigns to oust
dictatorships.
(5) Narratives relating to the importance of the establishment of and respect
for fundamental freedoms.
(6) The annual Trafficking in Persons Report prepared by the Office to Monitor
and Combat Trafficking in Persons of the Department of State.
(7) The annual International Religious Freedom Report prepared by the Office
of International Religious Freedom in the Bureau of Human Rights and Labor
of the Department of State.
(8) The annual Country Reports on Human Rights Practices prepared by the
Bureau of Human Rights and Labor of the Department of State.
(9) Any other documents, references, or links to external Internet sites
the Secretary or Under Secretary determines appropriate, including reference
to or links to training materials regarding successful movements in the
past.
(1) IN GENERAL- The Secretary of State shall ensure that the relevant country
specific sections of the Annual Report on Democracy and the country specific
sections of the content described in paragraphs (7) through (9) of subsection
(b) that relate to particular countries are translated into the principal
languages of such countries and posted on the Internet website described
in such subsection.
(2) DATE FOR POSTING- Not later than 120 days after the submission of the
Annual Report on Democracy, the translations required by this subsection
shall be completed.
SEC. 108. PROGRAMS BY UNITED STATES MISSIONS IN FOREIGN COUNTRIES AND ACTIVITIES
OF CHIEFS OF MISSION.
(a) Development of Programs to Promote Democracy in Foreign Countries- The
Secretary of State shall direct each chief of mission in each foreign country
categorized as nondemocratic in the most recent Annual Report on Democracy
to--
(1) develop, as part of annual program planning, a strategy to promote democracy
in the foreign country and to provide visible and material support to individuals
and nongovernmental organizations in that country that are committed to
democratic principles, practices, and values, such as--
(A) consulting and coordinating with such individuals and organizations
regarding the promotion of democracy;
(B) visiting local landmarks and other local sites associated with nonviolent
protest in support of democracy and freedom from oppression;
(C) holding periodic public meetings with such individuals and organizations
to discuss democracy and political, social, and economic freedoms;
(D) issuing public condemnation of severe violations of internationally
recognized human rights (as such term is described in section 116(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(a)), violations of
religious freedom, including particularly severe violations of religious
freedom (as such terms are defined in paragraphs (11) and (13) of section
3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402)),
political repression, and government-tolerated or condoned trafficking
in persons; and
(E) providing technical, financial, and such other support to such individuals
and organizations;
(2) hold ongoing discussions with the leaders of the nondemocratic country
regarding a transition to full democracy and the development of political,
social, and economic freedoms and respect for human rights, including freedom
of religion or belief, in the country; and
(3) conduct meetings with civil society, interviews with media that can
directly reach citizens of such country, and discussions with students and
young people of the nondemocratic country regarding a transition to democracy
and the development of political, social, and economic freedoms in the country.
(b) Public Outreach in Foreign Countries- Each chief of mission or principal
officer should spend a substantial amount of time at universities and other
institutions of higher learning to--
(1) debate and discuss values and policies that promote democracy; and
(2) communicate, promote, and defend such United States values and policies.
(c) Access to United States Missions- The Secretary is authorized and encouraged
to allow access to a United States diplomatic or consular mission in each
foreign country categorized as partly democratic or nondemocratic in the most
recent Annual Report on Democracy by individuals and representatives of nongovernmental
organizations in that country who are committed to democratic principles,
practices, and values in that country.
SEC. 109. TRAINING FOR FOREIGN SERVICE OFFICERS.
(a) Training in Democracy and the Promotion of Democracy and Human Rights-
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended
by adding at the end the following new subsection:
`(c) Training on Global Democracy Promotion-
`(1) IN GENERAL- In addition to the training required under subsections
(a) and (b), the Secretary of State, in cooperation with other relevant
officials, including the Under Secretary of State for 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, 2006, 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, practice 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 or partly democratic countries, 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 foreign country that is categorized as nondemocratic
in the Annual Report on Democracy required under section 102(b) of the
Advance Democratic Values, Address Nondemocratic Countries, and Enhance
Democracy Act of 2005, instruction regarding--
`(i) the status of political rights in such country;
`(ii) ways to promote democracy in such country including building relationships
and consulting with individuals and nongovernmental organizations in
such country that support democratic principles, practices, and values;
`(iii) providing technical, financial, and other support to individuals
(including expatriated citizens) and nongovernmental organizations in
such country that support democratic principles, practices, and values;
`(iv) visiting local landmarks and other local sites associated with
nonviolent protest in support of democracy and freedom from oppression;
`(v) conducting discussions with the leaders of such country regarding--
`(I) a transition to full democracy;
`(II) political, social, and economic freedoms;
`(III) United States policy to promote democracy in foreign countries;
and
`(IV) the possibility that such leaders might voluntarily cede power;
`(vi) conducting discussions with the students and young people of such
country regarding--
`(I) a transition to full democracy;
`(II) political, social, and economic freedoms; and
`(III) United States policy to promote democracy in foreign countries;
`(vii) 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
`(viii) the investigation and documentation of violations of internationally
recognized human rights in coordination with nongovernmental human rights
organizations, violations of religious freedom, including particularly
severe violations of religious freedom (as such terms are defined in
paragraphs (11) and (13) of section 3 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6402)), political repression, and government-tolerated
or condoned trafficking in persons that occur in such country.
`(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, the various aspects
and manifestations of violations of 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 embassies in providing access to the United States Refugee Admissions
Program) and the relationship between respect for such rights and democratic
development and national security. The Director of the National Foreign
Affairs Training Center of the Foreign Service Institute of the Department
of State shall consult with nongovernmental organizations involved in
the protection and promotion of such rights and the United States Commission
on International Religious Freedom (established under section 201(a) of
the International Religious Freedom Act of 1998 (22 U.S.C. 6431(a)) in
developing the training required by this subparagraph.'.
(b) Other Training- The Secretary of State shall ensure that the training
described in subsection (a) is provided to members of the civil service who
are assigned in the United States or abroad who have reporting or other responsibilities
relating to internal political developments and human rights in countries
that are categorized as partly democratic or nondemocratic in the Annual Report
on Democracy required under section 102(b) of the Advance Democratic Values,
Address Nondemocratic Countries, and Enhance Democracy Act of 2005.
(c) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary to develop appropriate programs and materials
to accomplish the training required under subsection (c) of section 708 of
the Foreign Service Act of 1980 (22 U.S.C. 4028), as added by subsection (a).
(d) Clerical Amendments- Section 708 of the Foreign Service Act of 1980 is
further amended--
(1) in subsection (a) by striking `(a) The' and inserting `(a) Training
on Human Rights- The'; and
(2) in subsection (b) by striking `(b) The' and inserting `(b) Training
on Refugee Law and Religious Persecution- The'.
SEC. 110. PERFORMANCE PAY; PROMOTIONS; FOREIGN SERVICE AWARDS.
(a) Performance Pay- Section 405(d) of the Foreign Service Act of 1980 (22
U.S.C. 3965(d)) is amended by inserting after the second sentence the following
new sentence: `Meritorious or distinguished service in the promotion of democracy
in foreign countries, including contact with and support of individuals and
nongovernmental organizations that promote democracy in a foreign country
categorized as nondemocratic in the most recent Annual Report on Democracy
(as required under section 102(b) of the Advance Democratic Values, Address
Nondemocratic Countries, and Enhance Democracy Act of 2005), shall also serve
as a basis for granting awards under this section.'.
(b) Promotions- Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C.
4003(b)) is amended by adding at the end the following new sentence: `Precepts
for selection boards shall also, where applicable, include an evaluation of
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 110(c) of the Advance Democratic Values, Address Nondemocratic Countries,
and Enhance Democracy Act of 2005, or have served in a position in which the
primary responsibility is to monitor or promote democracy or human rights.'.
(c) Regulations and Evaluations Concerning Standards of Performance and Programs
to Promote Democracy- With respect to members of the Foreign Service, including
all chiefs of mission, who are assigned to foreign countries categorized as
nondemocratic in the most recent Annual Report on Democracy, the Secretary
shall prescribe regulations concerning the standards of performance to be
met under sections 405(d) and 603(b) of the Foreign Service Act of 1980 (22
U.S.C. 3965(d) and 4003(b)), as amended by subsections (a) and (b), respectively,
and the development of programs to promote democracy in foreign countries
under section 108. The requirements of sections 108 and 109(a) shall serve
as one of the bases for performance criteria in evaluating chiefs of mission
and those officers at posts so designated by the chief of mission.
(d) Foreign Service Awards- Section 614 of the Foreign Service Act of 1980
(22 U.S.C. 4013) is amended by adding at the end the following new sentence:
`Distinguished or meritorious service in the promotion of democracy in foreign
countries, including contact with and support of individuals and nongovernmental
organizations that promote democracy in a foreign country categorized as nondemocratic
in the most recent Annual Report on Democracy (as required under section 102(b)
of the Advance Democratic Values, Address Nondemocratic Countries, and Enhance
Democracy Act of 2005), shall also serve as a basis for granting awards under
this section.'.
(e) Congressional Democracy Award-
(1) ESTABLISHMENT- There is established a Congressional Award for Outstanding
Achievements in Advancing Democracy to be awarded to officers or employees
of the Government of the United States. The Award shall be in addition to
any other award issued by the Assistant Secretary for Democracy, Human Rights,
and Labor for the promotion of human rights in such countries.
(2) SELECTION- The Secretary of State shall establish procedures for selecting
recipients of the Award. The criteria for selecting recipients of the Award
shall include whether the candidate has made extraordinary efforts to promote
democracy.
(3) FINANCIAL AWARD- The recipient of the Award shall receive not less than
$5,000. Such sum shall be in addition to any other compensation received
by the recipient. Amounts awarded shall be drawn from amounts appropriated
to the Department of State.
(4) AWARD CEREMONY- Congress shall host an annual awards ceremony for the
recipient of the Award. Costs associated with travel by the recipient to
the ceremony shall be paid by the United States.
(5) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to the Secretary such sums as may be necessary to award the Award, including
such sums as may be necessary to cover costs associated with the Award.
SEC. 111. APPOINTMENTS.
(a) Appointments by the President- Section 302 of the Foreign Service Act
of 1980 (22 U.S.C. 3942) is amended by adding at the end the following new
subsection:
`(c) If an individual (with respect to subsection (a)) or a member of the
Service (with respect to subsection (b)) is appointed by the President to
be and if such individual or such member has previously served as a chief
of mission of the United States in a country at the time such country was
categorized as nondemocratic in an Annual Report on Democracy (required under
section 102(b) of the Advance Democratic Values, Address Non-Democratic Countries,
and Enhance Democracy Act of 2005, the President shall transmit to the Committee
on Foreign Relations of the Senate a written report summarizing the actions
that such individual or member took during the period of such prior service
to promote democracy and human rights in such country, including actions in
furtherance of the action plan contained in such report.'.
(b) Chiefs of Mission- Section 304(a)(1) of such Act (22 U.S.C. 3944(a)(1))
is amended by adding at the end the following new sentence: `If the country
in which the individual is to serve is categorized as nondemocratic in the
most recent Annual Report on Democracy (as required under section 102(b) of
the Advance Democratic Values, Address Non-Democratic Countries, and Enhance
Democracy Act of 2005), the individual should possess clearly demonstrated
competence in and commitment to the promotion of democracy in that country,
including competence in promoting democratic practices, values, and ideals
through regular interaction with individuals, including students and young
people within that country, who support and advocate such principles, practices,
and values.'.
TITLE II--ALLIANCES WITH OTHER DEMOCRATIC COUNTRIES
SEC. 201. ALLIANCES WITH OTHER DEMOCRATIC COUNTRIES.
(a) Finding- Congress finds that it is in the national interest of the United
States, including for humanitarian, economic, social, political, and security
reasons, to forge alliances with democratic countries to work together to
promote and protect--
(1) shared democratic principles, practices, and values; and
(2) political, social, and economic freedoms around the world.
(b) Purposes- The purposes of this title are to encourage new ways of forging
alliances with democratic countries in order to--
(1) promote and protect democratic principles, practices, and values, including
the right to free, fair, and open elections, secret balloting, and universal
suffrage;
(2) promote and protect fundamental shared political, social, and economic
freedoms, including the freedoms of association, of expression, of the press,
of religion, and to own private property;
(3) promote and protect respect for the rule of law;
(4) develop, adopt, and pursue strategies to advance common interests in
international organizations and multilateral institutions to which members
of the alliance of democratic countries belong; and
(5) provide political, economic, and other necessary support to countries
that are undergoing a transition to democracy.
(c) Authorization- The President is authorized to take such actions as the
President determines to be necessary and appropriate to establish alliances
with other democratic countries to achieve the purposes described in subsection
(b).
(d) Sense of Congress Regarding Participation- It is the sense of Congress
that any foreign country that is categorized as nondemocratic in the most
recent Annual Report on Democracy under section 102(b) should not participate
in any alliance of democratic countries aimed at working together to promote
democracy.
SEC. 202. SENSE OF CONGRESS REGARDING THE ESTABLISHMENT OF A DEMOCRACY CAUCUS.
(a) Findings- Congress finds that with the passage of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458), Congress--
(1) encouraged the establishment of a Democracy Caucus within the United
Nations, the United Nations Human Rights Commission, the United Nations
Conference on Disarmament, and at other broad-based international organizations;
and
(2) required increased training in multilateral diplomacy for members of
the Foreign Service and appropriate members of the Civil Service to support
such an establishment.
(b) Sense of Congress- It is the sense of Congress that the creation of a
Democracy Caucus in each international organization and multilateral institution
of which the United States is a member will not only improve the internal
governance of such organizations but will also strengthen the implementation
of commitments by such organizations and institutions regarding democracy
and human rights.
SEC. 203. ANNUAL DIPLOMATIC MISSIONS ON MULTILATERAL ISSUES.
The Secretary of State, acting through the principal officers responsible
for advising the Secretary on international organizations, shall ensure that
a high level delegation from the United States is sent on an annual basis
to consult with key foreign governments in every region to promote United
States policies, including issues related to democracy and human rights, at
key international fora, including the United Nations General Assembly, the
United Nations Human Rights Commission, the Organization for Security and
Cooperation in Europe, and the United Nations Education, Science, and Cultural
Organization.
SEC. 204. STRENGTHENING THE COMMUNITY OF DEMOCRACIES.
(a) Sense of Congress- It is the sense of Congress that establishing a more
formal structure for the Community of Democracies may eventually be necessary
in the future, at which time the United States should guide and strongly support
such a development. It is the sense of Congress that, if properly funded and
supported, the Community of Democracies can achieve great success toward the
global promotion of democratic principles, practices, and values.
(b) Membership Authorized- The President is authorized to enter the United
States into membership of the Community of Democracies if the Community should
become an organization.
(c) Regional Group in the Community of Democracies- It is the sense of Congress
that regional groups within the Community of Democracies should be established
and strengthened in order to facilitate coordination of common positions and
action on multilateral strategies to promote and consolidate democracy.
(d) Authorization of Appropriations-
(1) MEMBERSHIP IN COMMUNITY OF DEMOCRACIES- There are authorized to be appropriated
such sums as may be necessary to pay the assessed costs for membership of
the United States in the Community of Democracies.
(2) COST OF HEADQUARTERS- There is authorized to be appropriated to the
Secretary of State $5,000,000 for fiscal year 2006 for a grant or voluntary
contribution for the acquisition, refurbishment, or construction of a headquarters
building for the Community of Democracies. Such funds may also be applied
toward the costs of meetings and studies to formalize the location of such
headquarters, the costs of providing equipment for such headquarters, and
other logistical matters related to such headquarters. Amounts appropriated
for these purpose are authorized to remain available until expended.
(e) Democracy Transition Center-
(1) SENSE OF CONGRESS- It is the sense of Congress that the United States
should support the initiative of the Government of Hungary and the governments
of other European countries to establish a Democracy Transition Center to
support transitions to full democracy.
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to the Secretary of State for a grant or voluntary contribution to the Democracy
Transition Center $4,000,000 for fiscal year 2006, $3,000,000 for fiscal
year 2007, $2,000,000 for fiscal year 2008, and $1,000,000 for fiscal year
2009. Amounts appropriated under this paragraph shall remain available until
expended.
(3) USE OF FUNDS- Any grant or voluntary contribution made in fiscal year
2006 by the Secretary to the Democracy Transition Center under paragraph
(2) may be used for the establishment and operations of the Center and for
programs and activities of the Center. Any grant or voluntary contribution
made in any subsequent fiscal year by the Secretary to the Center under
such paragraph may be used for programs and activities of the Center.
(4) PROGRAMS AND ACTIVITIES- The programs and activities of the Democracy
Transition Center referred to in paragraph (3) are programs and activities
that--
(A) develop, adopt, or pursue programs, campaigns, and tactics to promote
the peaceful transition to democracy in nondemocratic countries and, in
addition, to work with countries that have gone through a transition to
a partly democratic form of government in order to consolidate and accelerate
progress toward a fully democratic form of government;
(B) provide political, financial, and other necessary support to individuals
and nongovernmental organizations that promote democratic principles,
practices, and values in each nondemocratic country, including training
in nonviolent means of protest and resistance;
(C) support consultations with such individuals and nongovernmental organizations
in countries that are not fully democratic regarding the best approaches
to assist such countries to make the transition to a fully democratic
form of government;
(D) establish a dialogue with the leaders of each nondemocratic country
to discuss democratic principles, practices, and values, fundamental freedoms
and human rights, and the possibility of such leaders voluntarily initiating
a transition to democracy;
(E) educate and train diplomats, military attaches, and other appropriate
individuals from member countries of the Community of Democracies in the
means to promote democracy within host countries that are nondemocratic;
and
(F) undertake any other appropriate or necessary actions that are compatible
with the mission and goal of the Center.
SEC. 205. FUNDING FOR NONGOVERNMENTAL ORGANIZATIONS SUPPORTING A COMMUNITY
OF DEMOCRACIES.
(a) Grants- The Secretary of State is authorized to make grants to United
States nongovernmental organizations which have experience with the Community
of Democracies to assist the Community of Democracies and its Convening Group
to plan its interim and annual conferences and other related activities with
a focus on issues related to the promotion of transitions to and consolidation
of democracy.
(b) Authorization of Appropriations- There is authorized to be appropriated
to the Secretary such sums as may be necessary to carry out this section.
SEC. 206. REPORTS.
(a) Annual Report on the Status of Democratic Alliances of the United States-
Not later than October 1 of each year, the Secretary of State, in coordination
with the Under Secretary of State for Global Affairs, the Assistant Secretary
of State for Democracy, Human Rights, and Labor, and appropriate international
organizations, shall submit to the appropriate congressional committees an
Annual Report on the Status of Democratic Alliances of the United States.
Each Annual Report shall contain the following information:
(1) An evaluation of the efforts undertaken by the United States to establish
a caucus of democratic countries in international organizations, multilateral
institutions, and related bodies within such organizations and institutions.
(2) An evaluation of efforts undertaken by the United States to encourage
a more formal framework for the Community of Democracies, including the
creation of supporting institutions.
(3) An evaluation of the efforts undertaken by the United States to establish
the Democracy Transition Center.
(4) An evaluation of any other efforts undertaken by the United States in
furtherance of democratic alliances or cooperation with democratic countries
to promote universal democracy.
(5) An evaluation of the efforts undertaken by other democratic states belonging
to the Community of Democracies in furtherance of advancing democracy around
the world, including through the Community of Democracies, relevant bodies
of the United Nations, democracy caucuses, regional organizations, and bilateral
policies and foreign assistance.
(b) Report Regarding Election to a Leadership Post in International Organizations,
Multilateral Institutions, or Bodies Thereof- In the event of an election
or rotation of any country, or representative of any country, to a leadership
position in an international organization or multilateral institution (or
related body thereof) with a mandate to vote on issues related to democracy
and human rights, if such country is subject to a determination by the Secretary
under section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371),
section 40 of the Arms Export Control Act (22 U.S.C. 2780), or section 6(j)
of the Export Administration Act of 1979 (50 U.S.C. 2405(j)), or if such country
is categorized as nondemocratic in the most recent Annual Report on Democracy
under section 102(b), the Secretary of State shall, not later than 15 days
after such election or rotation, notify the appropriate congressional committees
of such election or rotation and submit a classified report evaluating any
steps or actions taken by the United States to prevent such election or rotation
and recommendations for appropriate further steps or actions.
TITLE III--FUNDING FOR PROMOTION OF DEMOCRACY
SEC. 301. POLICY.
It shall be the policy of the United States to provide financial assistance
to eligible entities and eligible individuals in order to assist such entities
and individuals in the promotion of democracy in countries categorized as
nondemocratic in the most recent Annual Report on Democracy under section
102(b).
SEC. 302. HUMAN RIGHTS AND DEMOCRACY FUND.
(1) The Human Rights and Democracy Fund, established under section 664 of
the Freedom Investment Act of 2002 (subtitle E of title VI of Public Law
107-228) provides critical support for unique projects that promote democracy
and human rights in foreign countries of strategic significance to the United
States.
(2) Support for such projects underscores the commitment of the United States
to--
(A) promote democracy and human rights; and
(B) fight against terrorism.
(3) Funds allocated to the Human Rights and Democracy Fund for fiscal years
2000, 2001, 2002, and 2003 have been $9,000,000, $13,421,000, $13,000,000
and $31,448,000, respectively.
(4) Additional funding for the Human Rights and Democracy Fund is in the
national interests of the United States.
(b) Purposes of the Human Rights and Democracy Fund- In addition to uses currently
approved for the Human Rights and Democracy Fund, the Secretary of State,
acting through the Assistant Secretary of State for Democracy, Human Rights,
and Labor shall use amounts appropriated to the Human Rights and Democracy
Fund under subsection (g) to provide assistance to eligible entities and eligible
individuals to promote democracy in foreign countries categorized as nondemocratic
in the most recent Annual Report on Democracy under section 102(b). The promotion
of democracy in such countries for which such assistance may be provided may
include the following activities:
(1) The publication and distribution of books and the creation and distribution
of other media, including audio and video cassettes, compact discs and digital
video discs, and other audio and video publications, and the purchase and
distribution of any equipment needed to review such books and other media.
Such books and other media should include--
(A) factual news and related information about current and relevant events
and developments in such country and elsewhere in the world; and
(B) educational programming designed to provide information regarding
democracy, the rule of law, free, fair and open elections, free market
economics, fundamental human rights (including the rights of freedom of
speech and of religion and the rights to be free from slavery and bondage),
and successful