110th CONGRESS
1st Session
H. R. 982
To promote democratic values and enhance democracy, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
February 12, 2007
Mr. LANTOS (for himself, Mr. WOLF, Ms. ROS-LEHTINEN, Mr. PRICE of North
Carolina, Mr. DREIER, Mr. ACKERMAN, Mr. BERMAN, Mr. BURTON of Indiana, Mr.
CROWLEY, Ms. JACKSON-LEE of Texas, Mr. SCHIFF, and Mr. SMITH of New Jersey)
introduced the following bill; which was referred to the Committee on Foreign
Affairs
A BILL
To promote democratic values and enhance 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.
This Act may be cited as the `Advance Democratic Values, Address Nondemocratic
Countries, and Enhance Democracy Act of 2007' or the `ADVANCE Democracy
Act of 2007'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of contents.
Sec. 4. Statement of policy.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
Sec. 101. Promotion of democracy in foreign countries.
Sec. 103. Democracy fellowship program.
Sec. 104. Advisory Committee on Democracy Promotion.
Sec. 105. Establishment and maintenance of internet site for global democracy
and human rights.
Sec. 106. Programs by United States missions in foreign countries and
activities of chiefs of mission.
Sec. 107. Training for foreign service officers.
Sec. 108. Performance pay; promotions; foreign service awards.
TITLE II--COOPERATION WITH OTHER DEMOCRATIC COUNTRIES
Sec. 201. Cooperation with other democratic countries.
Sec. 202. Strengthening the Community of Democracies.
Sec. 203. Initiatives at the United Nations.
TITLE III--FUNDING FOR PROMOTION OF DEMOCRACY
Sec. 302. Human rights and democracy fund.
Sec. 303. Instruments for providing democracy assistance.
TITLE IV--PRESIDENTIAL ACTIONS
Sec. 401. Investigation of violations of international humanitarian law.
SEC. 3. 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.
(2) The development of democracy constitutes a long-term challenge that
goes through unique phases and paces in individual countries as such countries
develop democratic institutions such as a thriving civil society, a free
media, and an independent judiciary, and must be led from within such
countries, including by individuals, nongovernmental organizations, and
movements, and by nationals of such countries who live abroad.
(3) Individuals, nongovernmental organizations, and movements that support
democratic principles, practices, and values are under increasing pressure
from governments of nondemocratic countries (as well as, in some cases,
in democratic transition countries), including by using administrative
and regulatory mechanisms to undermine the activities of such individuals,
organizations, and movements.
(4) Democratic countries have a number of instruments available for supporting
democratic reformers who are committed to promoting effective, nonviolent
change in nondemocratic countries and who are committed to keeping their
countries on the path to democracy.
(5) United States efforts to promote democracy and protect human rights
can be strengthened to improve assistance for such reformers, including
through an enhanced role for United States diplomats when properly trained
and given the right incentives.
(6) The promotion of democracy requires a broad-based effort with collaboration
between all democratic countries, including through the Community of Democracies.
SEC. 4. 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, along with other key foreign
policy goals;
(2) to affirm fundamental freedoms and human rights in foreign countries
and to condemn offenses against those freedoms and rights as a fundamental
component of United States foreign policy, along with other key foreign
policy goals;
(3) to protect and promote fundamental freedoms and rights, including
the freedoms of association, of expression, of the press, and of religion,
and the right to own private property;
(4) to promote democracy through the promotion of democratic institutions,
including institutions that support the rule of law (such as an independent
judiciary), an independent and professional media, strong legislatures,
a thriving civil society, transparent and professional independent governmental
auditing agencies, civilian control of the military, and institutions
that promote the rights of minorities and women;
(5) to provide appropriate support to individuals nongovernmental organizations,
and movements located in nondemocratic countries that aspire to live in
freedom and establish full democracy in such countries;
(6) to provide, political, economic, and other support to foreign countries
and individuals, nongovernmental organizations, and movements that are
willingly undertaking a transition to democracy; and
(7) to strengthen cooperation with other democratic countries in order
to better promote and defend shared values and ideals.
SEC. 5. DEFINITIONS.
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional
committees' means the Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate.
(2) COMMUNITY OF DEMOCRACIES AND 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.
(3) DEPARTMENT- The term `Department' means the Department of State.
(4) 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 that supports democratic principles, practices, and values and
is engaged in, or plans to engage in, the promotion of democracy and the
protection of human rights in non-democratic countries or democratic transition
countries.
(5) ELIGIBLE INDIVIDUAL- The term `eligible individual' means any individual
who supports democratic principles, practices, and values and is engaged
in, or who intends to engage in, the promotion of democracy or the protection
of human rights in non-democratic countries or democratic transition countries.
(6) NONDEMOCRATIC OR DEMOCRATIC TRANSITION COUNTRY- The term `nondemocratic
or democratic transition country' shall include any country which is not
governed by a fully functioning democratic form of government, as determined
by the Secretary, taking into account the general consensus regarding
the status of civil and political rights in a country by major nongovernmental
organizations that conduct assessments of such conditions in countries
and whether such country fails to satisfy the following requirements:
(A) All citizens of such county have the right to, and are not restricted
in practice from, fully and freely participating in the political life
of such country, regardless of gender, race, language, religion, or
beliefs.
(B) The national legislative body of such country and, if directly elected,
the head of government of such country, are chosen by free, fair, open,
and periodic elections, by universal and equal suffrage, and by secret
ballot.
(C) More than one political party in such country has candidates who
seek elected office at the national level and such parties are not restricted
in their political activities or their process for selecting such candidates,
except for reasonable administrative requirements commonly applied in
countries categorized as fully democratic.
(D) All citizens in such country have a right to, and are not restricted
in practice from, fully exercising the freedoms of thought, conscience,
belief, peaceful assembly and association, speech, opinion, and expression,
and such country has a free, independent, and pluralistic media.
(E) The current government of such country did not come to power in
a manner contrary to the rule of law.
(F) Such country possesses an independent judiciary and the government
of such country generally respects the rule of law.
(G) Such country does not violate other core principles enshrined in
the United Nations Charter, the Universal Declaration of Human Rights,
the International Covenant on Civil and Political Rights, United Nations
Commission on Human Rights Resolution 1499/57 (entitled `Promotion of
the Right to Democracy'), United Nations General Assembly Resolution
55/96 (entitled `Promoting and consolidating democracy'), the assessments
used to determine eligibility for financial assistance disbursed from
the Millennium Challenge Account, the assessments of nongovernmental
organizations of eligibility to participate in the meetings of the Community
of Democracies, and the standards established and adopted by the Community
of Democracies.
(7) SECRETARY- The term `Secretary' means the Secretary of State.
(8) UNDER SECRETARY- The term `Under Secretary' means the Under Secretary
of State for Democracy and Global Affairs.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
SEC. 101. PROMOTION OF DEMOCRACY IN FOREIGN COUNTRIES.
(a) Additional Duties for Assistant Secretary of State for Democracy, Human
Rights, and Labor- Section 1(c)(2)(A) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(c)(2)) is amended 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 for matters
relating to the transition to and development of democracy in nondemocratic
countries, including promoting and strengthening the development of democracy
in foreign countries that are in the early stages of a transition to democracy
and evaluating the effectiveness of United States programs that promote
democracy.'.
(b) Department of State and United States Missions Abroad-
(1) OFFICE RELATED TO DEMOCRATIC MOVEMENTS AND TRANSITIONS-
(A) ESTABLISHMENT- There shall be within the Bureau of Democracy, Human
Rights, and Labor of the Department of State at least one office that
shall be responsible for working with democratic movements and facilitating
the transition of nondemocratic countries and democratic transition
countries to full democracy.
(B) PURPOSE- In addition to any other responsibilities conferred on
such an office or offices, such office or offices shall promote transitions
to full democracy in nondemocratic countries and democratic transition
countries.
(C) RESPONSIBILITIES- The office or offices 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, including
fostering relationships with the United States Government and the
governments of other democratic countries; and
(ii) assist officers and employees of regional bureaus to develop
strategies and programs to promote peaceful change in such countries.
(D) LIAISON- Within each such office, there shall be at least one officer
or employee who shall have expertise in and be responsible for working
with individuals, nongovernmental organizations and movements that develop
relations with, consult with, and provide assistance to nongovernmental
organizations, individuals, and movements that are committed to the
peaceful promotion of democracy, democratic principles, practices, and
values, and fundamental rights and freedoms.
(2) DEMOCRACY LIAISON OFFICERS-
(A) ESTABLISHMENT- The Secretary shall establish and staff Democracy
Liaison Officer positions, under the supervision of the Assistant Secretary,
who may be assigned to the following posts:
(i) United States missions to or liaisons with regional and multilateral
organizations, including the United States missions to the European
Union, African Union, Organization of American States, and any other
appropriate regional organization, and the Organization for Security
and Cooperation in Europe, the United Nations and its relevant specialized
agencies, and the North Atlantic Treaty Organization.
(ii) Department of State regional public diplomacy centers.
(iii) United States combatant commands.
(iv) Other posts as designated by the Secretary.
(B) RESPONSIBILITIES- Each Democracy Liaison Officer shall--
(i) provide expertise on effective approaches to promote and build
democracy;
(ii) assist in conceiving and implementing strategies for transitions
to democracy; and
(iii) carry out such other responsibilities as the Secretary and the
Assistant Secretary may assign.
(C) NEW POSITIONS- The Democracy Liaison Officer positions established
under subparagraph (A) shall be new positions, in addition to existing
officer positions in the Department with responsibility for other human
rights and democracy-related issues and programs, including officers
responsible for labor issues.
(D) RELATIONSHIP TO OTHER AUTHORITIES- Nothing in this section may be
construed as derogating any authority or responsibility of a chief of
mission or other employee of a diplomatic mission of the United States
provided under any other provision of law, including any authority or
responsibility for the development or implementation of strategies to
promote democracy.
(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) MONITORING AND DOCUMENTATION- The Secretary should coordinate with
the Secretary of the Treasury, the Attorney General, the Directory of
National Intelligence, other appropriate intelligence agencies, and, as
appropriate, with foreign governments to--
(A) monitor and document financial assets inside and outside the United
States held by leaders of nondemocratic countries;
(B) identify close foreign associates of such leaders; and
(C) monitor and document financial assets inside and outside the United
States held by such close associates.
(4) SENSE OF CONGRESS REGARDING COORDINATION- It is the sense of Congress
that there should be three Deputy Assistant Secretaries of State for Democracy,
Human Rights, and Labor and at least one such deputy assistant secretary
should be responsible for coordinating the promotion of democracy in nondemocratic
countries and democratic transition countries.
(5) RECRUITMENT- The Secretary shall seek to ensure that, not later than
December 31, 2012, not less than 50 percent of the nonadministrative employees
serving in the Bureau of Democracy, Human Rights, and Labor are members
of the Foreign Service.
(c) Amendments to the 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;
(i) by striking `monitoring human rights developments' and all that
follows through `recommendation' and inserting the following: `monitoring
and promoting democracy and human rights in a foreign country should
be made after consultation with and upon the recommendation'; and
(ii) by striking the period at the end and inserting `; and';
(C) by adding at the end the following new paragraph:
`(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
(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.
SEC. 102. REPORTS.
(a) Annual Strategy Report- Section 116 of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n) is amended--
(A) by striking paragraph (10) and redesignating paragraph (11) as paragraph
(10);
(B) by striking the period at the end of paragraph (10) (as so redesignated)
and inserting `; and'; and
(C) by adding at the end the following new paragraphs:
`(11) for each country with respect to which the report indicates that
extrajudicial killings, torture, or other serious violations of human
rights have occurred in the country, a long term strategy, including a
specific list of priorities and an action plan, to end such practices
in the country, and any actions taken in the previous year to end such
practices; and
`(12)(A) a long term strategy to promote and achieve a transition to full
democracy and good governance in each country described in subparagraph
(B), developed following consultations with nongovernmental organizations,
individuals, and movements that promote democratic principles, practices,
and values in each such country, including a specific list of priorities,
an action plan, and specific responsibilities and activities for chiefs
of missions to promote democracy, and any actions taken in the previous
year to advance such transition.
`(B) The countries referred to in subparagraph (A) shall include any country
which is not governed by a fully functioning democratic form of government,
as determined by the Secretary, taking into account the general consensus
regarding the status of civil and political rights in a country by major
nongovernmental organizations that conduct assessments of such conditions
in countries and whether any such country fails to satisfy the following
requirements--
`(i) all citizens of such county have the right to, and are not restricted
in practice from, fully and freely participating in the political life
of such country regardless of gender, race, language, religion, or beliefs;
`(ii) the national legislative body of such country and, if directly
elected, the head of government of such country, are chosen by free,
fair, open, and periodic elections, by universal and equal suffrage,
and by secret ballot;
`(iii) more than one political party in such country has candidates
who seek elected office at the national level and such parties are not
restricted in their political activities or their process for selecting
such candidates, except for reasonable administrative requirements commonly
applied in countries categorized as fully democratic;
`(iv) all citizens in such country have a right to, and are not restricted
in practice from, fully exercising the freedoms of thought, conscience,
belief, peaceful assembly and association, speech, opinion, and expression,
and such country has a free, independent, and pluralistic media;
`(v) the current government of such country did not come to power in
a manner contrary to the rule of law;
`(vi) such country possesses an independent judiciary and the government
of such country generally respects the rule of law; and
`(vii) such country does not violate other core principles enshrined
in the United Nations Charter, the Universal Declaration of Human Rights,
the International Covenant on Civil and Political Rights, United Nations
Commission on Human Rights Resolution 1499/57 (entitled `Promotion of
the Right to Democracy'), United Nations General Assembly Resolution
55/96 (entitled `Promoting and consolidating democracy'), the assessments
used to determine eligibility for financial assistance disbursed from
the Millennium Challenge Account, the assessments of nongovernmental
organizations of eligibility to participate in the meetings of the Community
of Democracies, and the standards established and adopted by the Community
of Democracies.'; and
(2) by inserting at the end the following new subsection:
`(g) The information required in paragraphs (11) and (12) of subsection
(d) and in the sixth sentence of section 502B(b) may be provided as separate
reports not later than 90 days after the submission of the reports required
by such sections if the Secretary determines that it is in the national
security interests of the United States, is necessary for the safety of
individuals identified in such reports, or is necessary to further the purposes
of this Act. Any information required by such paragraphs, including policies
adopted or actions taken by the United States, may be summarized in the
report and submitted in a classified addendum.'.
(b) Conforming Amendment- Section 502B(b) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2304(b)), by striking the sixth sentence and inserting
the following new sentence: `Such report shall also include, for each nondemocratic
country or democratic transition country or country with respect to which
the report indicates that extrajudicial killings, torture, or other serious
violations of human rights have occurred in the country, a strategy, including
a specific list of priorities and an action plan, to end such practices
and to promote democracy in the country, and any actions taken in the previous
year to promote democracy in such country or end such practices in the country.'.
(c) 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 strategy report required by sections 116 or
502B of the Foreign Assistance Act of 1961 (as amended by subsections (a)
and (b)), or is necessary to further the purposes of this Act, any information
required by such sections, including policies adopted or actions taken by
the United States, may be summarized and submitted to the appropriate congressional
committees in more detail in a classified addendum.
(d) Translation of Country Reports on Human Rights Practices- The Secretary
shall expand the timely translation of the Country Reports on Human Rights
Practices required under sections 116 and 502B of the Foreign Assistance
Act of 1961, the Annual Report on International Religious Freedom required
under section 102(b) of the International Religious Freedom Act of 1998
(22 U.S.C. 6412(b)), the Trafficking in Persons Report required under section
110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)),
and any separate report on democracy and human rights policy submitted in
accordance with section 116(g) of the Foreign Assistance Act of 1961 into
the principal languages of as many countries as possible, with particular
emphasis on nondemocratic and democratic transition countries and countries
in which extrajudicial killings, torture, or other serious violations of
human rights have occurred.
SEC. 103. DEMOCRACY FELLOWSHIP PROGRAM.
(a) Establishment- The Secretary shall establish a Democracy Fellowship
Program to enable Department of State officers to gain an additional perspective
on democracy promotion abroad by working on democracy issues in congressional
committees with oversight over the subject matter of this Act, including
the Committee on Foreign Affairs and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign Relations and
the Committee on Appropriations of the Senate, and in nongovernmental organizations
involved in democracy promotion. The Assistant Secretary for Democracy,
Human Rights, and Labor shall play a central role in the selection of Democracy
Fellows and facilitate their placement in appropriate congressional offices
and nongovernmental organizations.
(b) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary of State such sums as may be necessary to carry out the
establishment of the Democracy Fellowship Program described in subsection
(a), including hiring additional staff to carry out such establishment.
SEC. 104. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.
(a) Study on Democracy Assistance- The Advisory Committee on Democracy Promotion
shall conduct a study of United States democracy assistance to determine
the best practices for providing such assistance to individuals, nongovernmental
organizations, and movements that are committed to the peaceful promotion
of democracy and democratic principles, practices, and values, with a view
towards making recommendations as to how to improve such assistance, including
the appropriate mechanisms for assistance, means of coordinating with assistance
programs of other countries, and the appropriate role for international
organizations in promoting democracy.
(b) Study on Personnel Practices- The Advisory Committee on Democracy shall
conduct a study of personnel and training practices of the Department of
State relating to the promotion of democracy in order to provide recommendations
to the Secretary concerning improving incentives for service in positions
that have as their primary purpose the promotion of democracy, the protection
of human rights, or both, improving the training of members of the Foreign
Service and civil service employees of the Department of State in the promotion
of democracy and the protection of human rights, and on other changes to
enhance the capacity of the Department of State to promote democracy and
protect human rights.
SEC. 105. 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 Democracy and Global
Affairs, the Under Secretary of State for Public Diplomacy and Public Affairs,
the Assistant Secretary of State for Democracy, Human Rights, and Labor,
the Director of the Office International Religious Freedom, and the Director
of the Office to Monitor and Combat Trafficking shall establish and maintain
an Internet site for global democracy and human rights.
(b) Contents- The Internet site for global democracy established under subsection
(a) shall include the following information:
(1) Narratives and histories of significant democratic movements in foreign
countries, particularly regarding successful nonviolent campaigns to oust
dictatorships.
(2) Narratives relating to the importance of the establishment of and
respect for fundamental freedoms.
(3) Major human rights reports by the United States Government or any
other documents, references, or links to external Internet sites the Secretary
or Under Secretary and Assistant Secretary determines appropriate, including
reference to or links to training materials regarding successful movements
in the past, including translations of such materials, as appropriate.
SEC. 106. PROGRAMS BY UNITED STATES MISSIONS IN FOREIGN COUNTRIES AND
ACTIVITIES OF CHIEFS OF MISSION.
(a) Development of Programs To Promote Democracy in Foreign Countries- Each
chief of mission in each nondemocratic or democratic transition country
shall--
(1) develop, as part of annual program planning, a strategy to promote
democracy in each such foreign country and to provide visible and material
support to individuals and nongovernmental organizations in each such
country that are committed to democratic principles, practices, and values,
such as--
(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 each such nondemocratic
country or democratic transition country regarding a transition to full
democracy and the development of political, social, and economic freedoms
and respect for human rights, including freedom of religion or belief,
in such country; and
(3) conduct meetings with civil society, interviews with media that can
directly reach citizens of each such country, and discussions with students
and young people of each such country regarding a transition to democracy
and the development of political, social, and economic freedoms in each
such country.
(b) Public Outreach in Foreign Countries- Each chief of mission or principal
officer shall spend 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 encouraged to allow
access to a United States diplomatic or consular mission in each nondemocratic
or democratic transition country by individuals and representatives of nongovernmental
organizations in each such country who are committed to democratic principles,
practices, and values in each such country.
SEC. 107. 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 Democracy and Global
Affairs, and the Director of the National Foreign Affairs Training Center
of the Foreign Service Institute of the Department of State, shall establish
as part of the training provided after December 31, 2007, for members
of the Service, including all chiefs of mission and deputy chiefs of mission,
instruction in how to strengthen and promote democracy through peaceful
means in consultation with individuals and nongovernmental organizations
that support democratic principles, practices, and values. In particular,
such instruction shall be mandatory for members of the Service having
reporting or other responsibilities relating to internal political developments
and human rights, including religious freedom, in nondemocratic countries
or democratic transition countries as defined in section 5 of the ADVANCE
Democracy Act of 2007, including for chiefs of mission and deputy chiefs
of mission, and shall be completed before the time that such member or
chief of mission assumes a post (or, if such is not practical, within
the first year of assuming such post).
`(2) CONTENTS OF TRAINING- The training required under paragraph (1) shall
include instruction, a training manual, and other materials regarding
the following:
`(A) International documents and United States policy regarding electoral
democracy and respect for human rights.
`(B) United States policy regarding the promotion and strengthening
of democracy around the world, with particular emphasis on the transition
to democracy in nondemocratic countries.
`(C) For any member, chief of mission, or deputy chief of mission who
is to be assigned to a nondemocratic or democratic transition country,
instruction regarding ways to promote democracy in such country and
providing technical, financial, and other support to individuals (including
expatriated citizens) and nongovernmental organizations in such country
that support democratic principles, practices, and values.
`(D) The protection of internationally recognized human rights (including
the protection of religious freedom) and standards related to such rights,
provisions of United States law related to such rights, diplomatic tools
to promote respect for such rights, the protection of individuals who
have fled their countries due to violations of such rights (including
the role of United States diplomatic and consular missions in providing
access to the United States Refugee Admissions Program) and the relationship
between respect for such rights and democratic development and national
security. The Director of the National Foreign Affairs Training Center
of the Foreign Service Institute of the Department of State shall consult
with nongovernmental organizations involved in the protection and promotion
of such rights and the United States Commission on International Religious
Freedom (established under section 201(a) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6431(a)) in developing the training required
by this subparagraph.'.
(b) Other Training- The Secretary shall ensure that the training described
in subsection (c) of section 708 of the Foreign Service Act of 1980 (as
added by subsection (a)) is provided to members of the civil service who
are assigned in the United States or abroad who have reporting or other
responsibilities relating to internal political developments and human rights
in nondemocratic countries or democratic transition countries.
(c) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary such sums as may be necessary to develop appropriate programs
and materials to accomplish the training required under subsection (c) of
section 708 of the Foreign Service Act of 1980.
(d) Clerical Amendments- Section 708 of the Foreign Service Act of 1980,
as amended by subsection (a), 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'.
(e) One-Time Report on Training and Guidelines for Foreign Service Officers
and Chiefs of Mission- Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the appropriate congressional
committees a one-time report containing a description of the training provided
to Foreign Service officers in human rights and democracy promotion, including
such training provided to chiefs of mission serving or preparing to serve
in nondemocratic countries or democratic transition countries, and plans
for an expansion of such training.
SEC. 108. 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 nondemocratic
countries or democratic transition countries, as defined in section 5 of
the ADVANCE Democracy Act of 2007, shall also serve as a basis for granting
awards under this section.'.
(b) Promotions- Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C.
4003(b)) is amended--
(1) by striking `(b) Precepts' and inserting `(b)(1) Precepts'; and
(2) by adding at the end the following new paragraph:
`(2) Precepts for selection boards shall also, where applicable, include
a specific precept evaluating whether members of the Service and members
of the Senior Foreign Service have met the standards of performance established
by the Secretary pursuant to section 108(c) of the ADVANCE Democracy Act
of 2007, or have served in a position in which the primary responsibility
is to monitor or promote democracy or human rights.'.
(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 nondemocratic countries
or democratic transition countries, the Secretary shall prescribe regulations
concerning the standards of performance to be met under sections 405(d)
and 603(b) of the Foreign Service Act of 1980 (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 106.
The requirements of section 106 shall serve as one of the bases for performance
criteria in evaluating chiefs of mission and those members of the Service
serving in a position in which the primary responsibility is to monitor
or promote democracy or human rights.
(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 nondemocratic country or democratic
transition country, as defined in section 5 of the ADVANCE Democracy Act
of 2007, shall also serve as a basis for granting awards under this section.'.
SEC. 109. APPOINTMENTS.
Section 304(a)(1) of the Foreign Service Act of 1980 (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 a nondemocratic country or a democratic
transition country as defined in section 5 of the ADVANCE Democracy Act
of 2007, the individual should possess clearly demonstrated competence in
and commitment to the promotion of democracy, including competence in promoting
democratic principles, practices, and values, such as through regular interaction
with individuals, including students and young people, who support and advocate
such principles, practices, and values.'.
TITLE II--COOPERATION WITH OTHER DEMOCRATIC COUNTRIES
SEC. 201. COOPERATION 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 cooperating
closely with democratic countries, including through the Community of Democracies,
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) Sense of Congress Regarding Participation- It is the sense of Congress
that nondemocratic countries should not participate in any association or
group of democratic countries aimed at working together to promote democracy.
SEC. 202. STRENGTHENING THE COMMUNITY OF DEMOCRACIES.
(a) Sense of Congress Regarding Formal Mechanisms for the Community of Democracies-
It is the sense of Congress that the Community of Democracies should develop
a more formal mechanism for carrying out work between ministerial meetings,
such as through the creation of a permanent secretariat with appropriate
staff to carry out such work, and should establish a headquarters.
(b) Detail of Personnel- The Secretary is authorized to detail on a nonreimbursable
basis any employee of the Department of State to any permanent secretariat
of the Community of Democracies or to any country that is a member of the
Convening Group of the Community of Democracies.
(c) Sense of Congress Regarding 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) International Center for Democratic Transition-
(1) SENSE OF CONGRESS- It is the sense of Congress that the United States
should, along with contributions from private individuals, support the
initiative of the Government of Hungary and the governments of other European
countries to establish a International Center for Democratic Transition
to support transitions to full democracy in nondemocratic countries and
democratic transition countries.
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
for a grant to the International Center for Democratic Transition $1,000,000
for each of fiscal years 2008, 2009, and 2010. Amounts appropriated under
this paragraph are authorized to remain available until expended.
(e) Sense of Congress Regarding Establishment of Office- It is the sense
of Congress that the Secretary should establish an office of multilateral
democracy promotion to address issues related to the Community of Democracies
and democracy promotion activities in international organizations, such
as the United Nations.
SEC. 203. INITIATIVES AT THE UNITED NATIONS.
(a) United Nations Democracy Caucus- It is the sense of Congress that the
United States should continue to support a Democracy Caucus at the United
Nations and that the creation of a Democracy Caucus in each international
organization and multilateral institution of which the United States is
a member will not only improve the internal governance of such organizations
and institutions but will also strengthen the implementation of commitments
by such organizations and institutions regarding democracy and human rights.
(b) United Nations Democracy Fund-
(1) SENSE OF CONGRESS- It is the sense of Congress that the United States
should continue to contribute to and work with other countries to enhance
the goals and work of the United Nations Democracy Fund.
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
for each of fiscal years 2008 and 2009 such sums as may be necessary to
provide for a United States contribution to the United Nations Democracy
Fund.
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 promote democracy
in nondemocratic countries and democratic transition countries.
SEC. 302. HUMAN RIGHTS AND DEMOCRACY FUND.
(a) Sense of Congress Regarding Purposes of the Human Rights and Democracy
Fund- It is the sense of Congress that the Human Rights and Democracy Fund
should continue to be used for innovative approaches to promoting democracy
and human rights and to support strategies developed pursuant to section
116 of the Foreign Assistance Act of 1961, as amended by section 102(a)(1)(C)
of this Act, in nondemocratic countries and democratic transition countries.
(b) Administrative Authorities- Assistance provided through the Human Rights
and Democracy Fund may be provided to eligible entities and eligible individuals
in foreign countries, notwithstanding any provision of law that prohibits
assistance to a foreign country or to a government of a foreign country.
(c) Annual Report on the Status of the Human Rights and Democracy Fund-
Not later than 60 days after the conclusion of each fiscal year, the Assistant
Secretary of State for Democracy, Human Rights, and Labor shall submit to
the appropriate congressional committees an annual report on the status
of the Human Rights and Democracy Fund. Each such annual report shall contain
the following information:
(1) An identification of each eligible entity and eligible individual
who received assistance during the previous fiscal year under subsection
(b) and a summary of the activities of each such recipient.
(2) An account of projects funded and outside contributions received during
the previous fiscal year.
(3) A balance sheet of income and outlays current as of the conclusion
of the fiscal year to which such report is relevant.
(d) Authorization of Appropriations-
(1) IN GENERAL- Of the funds available to carry out chapter 4 of Part
II of the Foreign Assistance Act of 1961 for each of fiscal years 2008
and 2009, there are authorized to be appropriated to the Human Rights
and Democracy Fund to carry out the purposes of this section $50,000,000
for fiscal year 2008 and $60,000,000 for fiscal year 2009. Amounts appropriated
under this section are authorized to remain available until expended.
(2) ADMINISTRATIVE EXPENSES- Not more than five percent of amounts appropriated
to the Human Rights and Democracy Fund for each fiscal year may be applied
toward administrative expenses associated with carrying out this section.
(3) CONTRIBUTIONS- The Secretary may accept contributions to the Human
Rights and Democracy Fund from the governments of other democratic countries,
private foundations, private citizens, and other nongovernmental sources.
Any such contributions shall be merged into such Fund and shall be available
to the same extent and under the same conditions as other amounts available
to the Fund.
SEC. 303. INSTRUMENTS FOR PROVIDING DEMOCRACY ASSISTANCE.
(a) Findings- Congress finds the following:
(1) Democracy assistance has many different forms, including assistance
to promote the rule of law, build the capacity of civil society, political
parties, and legislatures, improve the independence of the media and the
judiciary, enhance independent auditing functions, and advance security
sector reform.
(2) Assistance through United States non-governmental organizations in
the form of grants and cooperative agreements can play a key role in that
such organizations frequently have long-standing relationships with individuals
and nongovernmental organizations that support democratic principles,
practices, and values in foreign countries, and have other means that
enable them to foster those relationships, and allow assistance to be
provided without direct government involvement that could undermine the
purpose of such assistance (by, for example, creating an appearance of
outside interference).
(3) Contracts and other acquisition mechanisms, because of their more
direct association with and control by the United States Government, may
not be as effective as non-governmental organizations in working to build
the political capacity of civil society, political parties, and legislatures,
but have an appropriate role to play in providing certain technical solutions
and related assistance in such areas as fostering independence of the
judiciary, providing modern infrastructures for parliaments, increasing
capacity of executive auditing functions, and working in other government-to-government
areas where the involvement of United States officials and employees is
appropriate.
(4) There is a need for greater clarity on the proper roles for such methods
in order to improve the effectiveness of United States democracy assistance.
(b) Sense of Congress- It is the sense of Congress that the Secretary and
the Administrator of the United States Agency for International Development
should develop guidelines, in consultation with the appropriate congressional
committees, building on the existing framework for grants, cooperative agreements,
and contracts and other acquisition mechanisms to clarify for diplomatic
and consular missions abroad the appropriate roles for the methods referred
to in subsection (a) with respect to democracy assistance, including taking
into account the advantages of each such method.
TITLE IV--PRESIDENTIAL ACTIONS
SEC. 401. INVESTIGATION OF VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW.
(a) In General- The President, with the assistance of the Secretary, the
Under Secretary of State for Democracy and Global Affairs, and the Ambassador-at-Large
for War Crimes Issues, shall collect information regarding incidents that
may constitute crimes against humanity, genocide, slavery, or other violations
of international humanitarian law by leaders or other government officials
of nondemocratic countries or democratic transition countries.
(b) Accountability- The President shall consider what actions can be taken
to ensure that such leaders or other government officials of foreign countries
who are identified in accordance with subsection (a) as responsible for
crimes against humanity, genocide, slavery, or other violations of international
humanitarian law are brought to account for such crimes in an appropriately
constituted tribunal, including enhancing the capacity of United States
diplomatic missions to implement restrictions on assistance to individuals
or entities, including military units, that commit gross violations of human
rights, such as through training on the use of existing databases for documenting
and monitoring such violations.
END
