H.R. 982 (110th): ADVANCE Democracy Act of 2007

110th Congress, 2007–2009. Text as of May 02, 2007 (Reported by House Committee).

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IB

Union Calendar No. 70

110th CONGRESS

1st Session

H. R. 982

[Report No. 110–119]

IN THE HOUSE OF REPRESENTATIVES

February 12, 2007

(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

May 2, 2007

Additional sponsors: Mr. Blumenauer, Ms. Bordallo, Mr. Holt, Mr. Boozman, Mr. Rush, and Ms. Schwartz

May 2, 2007

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL

To promote democratic values and enhance democracy, and for other purposes.

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.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Findings.

Sec. 4. Statement of policy.

Sec. 5. Definitions.

Title I—Department of State activities

Sec. 101. Promotion of democracy in foreign countries.

Sec. 102. Reports.

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.

Sec. 109. Appointments.

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. 301. Policy.

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.

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.

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.

5.

Definitions

In this Act:

(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.

I

Department of State activities

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;

(B)

in paragraph (2)—

(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.

102.

Reports

(a)

Annual strategy report

Section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended—

(1)

in subsection (d)—

(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.

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.

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.

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.

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.

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.

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;

(2)

in the third sentence, by striking The precepts and inserting

(2)

The precepts

;

(3)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and

(4)

by adding at the end the following new paragraph:

(3)

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..

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..

II

Cooperation with other democratic countries

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.

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.

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.

III

Funding for Promotion of Democracy

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.

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.

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.

IV

Presidential actions

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.

May 2, 2007

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed