Advance Democracy Act of 2005
109th Congress, 1st Session, S. 516

S 516 IS

109th CONGRESS

1st Session

S. 516

To advance and strengthen democracy globally through peaceful means and to assist foreign countries to implement democratic forms of government, to strengthen respect for individual freedom, religious freedom, and human rights in foreign countries through increased United States advocacy, to strengthen alliances of democratic countries, to increase funding for programs of nongovernmental organizations, individuals, and private groups that promote democracy, and for other purposes.

IN THE SENATE OF THE UNITED STATES

March 3, 2005

Mr. MCCAIN (for himself and Mr. LIEBERMAN) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations


A BILL

To advance and strengthen democracy globally through peaceful means and to assist foreign countries to implement democratic forms of government, to strengthen respect for individual freedom, religious freedom, and human rights in foreign countries through increased United States advocacy, to strengthen alliances of democratic countries, to increase funding for programs of nongovernmental organizations, individuals, and private groups that promote democracy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the `Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2005' or the `ADVANCE Democracy Act of 2005'.

    (b) Table of Contents- The table of contents for this Act is as follows:

      Sec. 1. Short title; table of contents

      Sec. 2. Findings

      Sec. 3. Statement of policy

      Sec. 4. Definitions

TITLE I--DEPARTMENT OF STATE ACTIVITIES

      Sec. 101. Promotion of democracy in foreign countries

      Sec. 102. Reports

      Sec. 103. Translation of annual Department of State reports

      Sec. 104. Strategies to enhance the promotion of democracy in foreign countries

      Sec. 105. Activities by the United States to promote democracy and human rights in foreign countries

      Sec. 106. Democracy Promotion and Human Rights Advisory Board

      Sec. 107. Establishment and maintenance of Internet site for global democracy and human rights

      Sec. 108. Programs by United States missions in foreign countries and activities of chiefs of mission

      Sec. 109. Training for Foreign Service officers

      Sec. 110. Performance pay; promotions; Foreign Service awards

      Sec. 111. Appointments

TITLE II--ALLIANCES WITH OTHER DEMOCRATIC COUNTRIES

      Sec. 201. Alliances with other democratic countries

      Sec. 202. Sense of Congress regarding the establishment of a Democracy Caucus

      Sec. 203. Annual diplomatic missions on multilateral issues

      Sec. 204. Strengthening the Community of Democracies

      Sec. 205. Funding for nongovernmental organizations supporting a Community of Democracies

      Sec. 206. Reports

TITLE III--FUNDING FOR PROMOTION OF DEMOCRACY

      Sec. 301. Policy

      Sec. 302. Human Rights and Democracy Fund

TITLE IV--SUPPORT FOR SPECIAL AND REGIONAL INITIATIVES

      Sec. 401. Findings

      Sec. 402. Sense of Congress regarding support for regional initiatives

TITLE V--PRESIDENTIAL ACTIONS

      Sec. 501. Description of Presidential actions

      Sec. 502. Investigation of violations of international humanitarian law

      Sec. 503. Presidential communications

TITLE VI--NATIONAL SECURITY COUNCIL

      Sec. 601. Special Assistant on Nondemocratic Countries

SEC. 2. FINDINGS.

    Congress finds the following:

      (1) All human beings are created equal and possess certain rights and freedoms, including the fundamental right to participate in the political life and government of their respective countries. These inalienable rights are recognized in the Declaration of Independence of the United States and in the Universal Declaration of Human Rights of the United Nations.

      (2) Political legitimacy derives from the consent of the governed, whether expressed directly or through representatives chosen by free, fair, and open elections.

      (3) In his Inaugural Address and State of the Union Address, President George W. Bush upheld the pursuit of freedom as the driving ideal of the foreign policy of the United States and made clear that the best way to defend freedom is to spread liberty to the places where tyranny thrives, opportunity is stifled, and terrorism grows.

      (4) The right to democracy was affirmed as a human right by the United Nations Commission on Human Rights on April 27, 1999, by a vote of 50-0 with only two abstentions. The resolution recognized that democracy is based on free, fair, and open elections, a foundation of open and transparent civil institutions, an independent judiciary, the rule of law, a free press, the right of peaceful assembly, the freedom of religion, and the right of every citizen to participate fully in the political life of the citizen's country.

      (5) Over the past three decades, the number of fully democratic countries has more than doubled to 89 from 41, while the number of countries governed by a dictator or a totalitarian government decreased by 37 percent, often as a result of nonviolent resistance by the peoples of such countries, aided by support from democratic countries.

      (6) According to the annual Freedom in the World report published by Freedom House (an annual comparative assessment of the state of political rights and civil liberties in 192 countries and 18 related and disputed territories), 75 percent of the population of the world currently lives in countries categorized as `entirely free' or `partly free', as opposed to only 57 percent in 1973.

      (7) These changes have been achieved in part through sustained and comprehensive efforts by democratic countries, including the United States and the democratic countries of Europe, to support dissidents and democracy activists in non-democratic countries.

      (8) The continued lack of democracy, freedom, and fundamental human rights in some countries is inconsistent with the universal values on which the United States is based, the promotion of which comprises a fundamental element of United States foreign policy.

      (9) The continued lack of democracy, freedom, and fundamental human rights in some countries also poses a security threat to the United States, its interests, and its friends, as it is in such countries that radicalism, extremism, and terrorism can flourish.

      (10) There is a correlation between nondemocratic rule and other threats to international peace and security, including war, genocide, famine, poverty, drug trafficking, corruption, refugee flows, human trafficking, religious persecution, environmental degradation, and discrimination against women.

      (11) Wars between or among democratic countries are exceedingly rare, while wars between and among nondemocratic countries are commonplace, with nearly 170,000,000 people having lost their lives because of the policies of totalitarian governments.

      (12) There is a strong correlation between nondemocratic rule and famine.

      (13) Seventy-seven percent of refugees in the world come from countries that lack electoral democracy.

      (14) In nondemocratic countries, women are often exposed to particular hardships and a lack of opportunity, and trafficking in women and children often flourishes.

      (15) There is a positive correlation between economic and political freedom and preservation of the environment.

      (16) A world that fully reflects fundamental human and political rights would be free of dictatorship. Such a world would be profoundly safer and more just, peaceful, prosperous, and stable. Countries that lack freedom and democracy necessarily limit the full flourishing of human potential and, as such, a goal of United States foreign policy is to promote universal democracy.

      (17) The transition to democracy must be led from within nondemocratic countries and by nationals of such countries who live abroad. Nevertheless, democratic countries have a number of instruments available for supporting democratic reformers who are committed to promoting effective, nonviolent change in nondemocratic countries.

      (18) United States efforts to promote democracy in countries where it is lacking can be strengthened. A full evaluation of United States funds expended for the support of democracy is necessary to ensure an efficient and effective use of such funds.

      (19) In 2002, Congress passed the Freedom Investment Act of 2002 (subtitle E of title VI of division A of the Foreign Relations Authorization Act, Fiscal Year 2003) to increase the focus on promoting human rights and democracy as an element of United States foreign policy.

      (20) United States ambassadors and diplomats can play a critical role in the effort to promote democracy by publicly demonstrating support for democratic principles, by discussing democratic, social, and economic freedoms with citizens and leaders of non-democratic countries, and by building relationships with citizens that promote democratic principles, practices, and values. United States missions in non-democratic countries are potential `islands of freedom' in such countries. Training and incentives are needed to assist United States officials in strengthening the techniques and skills required to promote democracy.

      (21) Nongovernmental organizations and private individuals and movements also play a vital role in promoting democracy, and the United States must expand its support of such organizations, individuals, and movements.

      (22) The promotion of democracy requires a broad-based effort with collaboration between all democratic countries. One forum for advancing this effort is the Community of Democracies, which first met in Warsaw, Poland, in June 2000, and which is scheduled to meet in 2005 in Santiago, Chile.

      (23) The promotion of such universal democracy constitutes a long-term challenge that does not always lead to an immediate transition to full democracy, but universal democracy is achievable.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States --

      (1) to promote freedom and democracy in foreign countries as a fundamental component of United States foreign policy;

      (2) to affirm fundamental freedoms and human rights in foreign countries and to condemn offenses against those freedoms and rights as a fundamental component of United States foreign policy;

      (3) to use all instruments of United States influence to support, promote, and strengthen democratic principles, practices, and values in foreign countries, including the right to free, fair, and open elections, secret balloting, and universal suffrage;

      (4) to protect and promote fundamental political, social, and economic freedoms and rights, including the freedom of association, of expression, of the press, and of religion, and the right to own private property;

      (5) to protect and promote respect for and adherence to the rule of law in foreign countries;

      (6) to provide appropriate support to organizations, individuals, and movements located in nondemocratic countries that aspire to live in freedom and establish full democracy in such countries;

      (7) to provide, political, economic, and other support to foreign countries that are willingly undertaking a transition to democracy;

      (8) to commit United States foreign policy to the long-term challenge of promoting universal democracy; and

      (9) to strengthen alliances and relationships with other democratic countries in order to better promote and defend shared values and ideals.

SEC. 4. DEFINITIONS.

    In this Act:

      (1) ANNUAL REPORT ON DEMOCRACY- The term `Annual Report on Democracy' means the Annual Report on Democracy required under section 102(b).

      (2) ANNUAL REPORT ON THE STATUS OF DEMOCRATIC ALLIANCES OF THE UNITED STATES- The term `Annual Report on the Status of Democratic Alliances of the United States' means the Annual Report on the Status of Democratic Alliances of the United States required under section 206(a).

      (3) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means--

        (A) the Committee on International Relations of the House of Representatives; and

        (B) the Committee on Foreign Relations of the Senate.

      (4) COMMUNITY OF DEMOCRACIES AND COMMUNITY- The terms `Community of Democracies' and `Community' mean the association of democratic countries committed to the global promotion of democratic principles, practices, and values, which held its First Ministerial Conference in Warsaw, Poland, in June 2000.

      (5) DEPARTMENT- The term `Department' means the Department of State.

      (6) ELIGIBLE ENTITY- The term `eligible entity' means any nongovernmental organization, international organization, multilateral institution, private foundation, corporation, partnership, association, or other entity, organization, or group engaged in (or with plans to engage in) the promotion of democracy and fundamental rights and freedoms in foreign countries categorized as `partly democratic' or `nondemocratic' in the most recent Annual Report on Democracy.

      (7) ELIGIBLE INDIVIDUAL- The term `eligible individual' means any individual engaged in, or who intends to engage in, the promotion of democracy and fundamental rights and freedoms in foreign countries categorized as `partly democratic' or `nondemocratic' in the most recent Annual Report on Democracy.

      (8) HELSINKI PROCESS- The term `Helsinki Process' means the multilateral process adopted at the Conference on Security and Cooperation in Europe by member countries of the Organization for Security and Cooperation in Europe to achieve the security, economic, and humanitarian goals as agreed to in the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe (1 August 1975), and as reinforced in subsequent agreements, including the Vienna Concluding Document of 1983 of the Conference on Security and Cooperation in Europe (15 January 1983), the Madrid Concluding Document of 1983 of the Conference on Security and Cooperation in Europe (6 September 1983), and the Copenhagen Document of 1990 on the Human Dimension of the Conference on Security and Cooperation in Europe (29 June 1990).

      (9) INTERNATIONAL FINANCIAL INSTITUTION- The term `international financial institution' means the International Bank for Reconstruction and Development, the International Development Association, the International Monetary Fund, the International Finance Corporation, the Inter-American Development Bank, the African Development Bank, the African Development Fund, the Asian Development Bank, the European Bank for Reconstruction and Development, and the Multilateral Investment Guarantee Agency.

      (10) REGIONAL DEMOCRACY HUB AND HUB- The terms `Regional Democracy Hub' and `Hub' mean the Regional Democracy Hubs established under section 101(d)(2).

      (11) SECRETARY- The term `Secretary' means the Secretary of State.

      (12) SPECIAL ASSISTANT- The term `Special Assistant' means the Special Assistant to the President on Nondemocratic Countries established under subsection (l) of section 101 of the National Security Act of 1947 (50 U.S.C. 402), as added by section 601 of this Act.

      (13) UNDER SECRETARY- The term `Under Secretary' means the Under Secretary of State for Global Affairs established under section 1(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)), as amended by section 101(a)(2) of this Act.

TITLE I--DEPARTMENT OF STATE ACTIVITIES

SEC. 101. PROMOTION OF DEMOCRACY IN FOREIGN COUNTRIES.

    (a) Codification of Under Secretary of State for Global Affairs- Section 1(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)) is amended--

      (1) by redesignating paragraph (4) as paragraph (5); and

      (2) by inserting after paragraph (3) the following new paragraph:

      `(4) UNDER SECRETARY OF STATE FOR GLOBAL AFFAIRS- There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary of State for Global Affairs, who shall have primary responsibility to assist the Secretary and the Deputy Secretary in the formulation and implementation of United States policies and activities relating to the transition to and development of democracy in nondemocratic countries and to coordinate United States policy on global issues, including issues related to human rights, women's rights, freedom of religion, labor standards and relations, the preservation of the global environment, the status and protection of the oceans, scientific cooperation, narcotics control, law enforcement, population issues, refugees, migration, war crimes, and trafficking in persons. The Secretary may assign such other responsibilities to the Under Secretary for Global Affairs as the Secretary determines appropriate or necessary. In particular, the Under Secretary for Global Affairs shall have the following responsibilities:

        `(A) Promoting democracy and fundamental rights and freedoms in foreign countries, condemning violations of the right of an individual to participate in the government and political life of the country of the individual, either directly or through representatives chosen in free, fair, and open elections, and recommending appropriate actions to be undertaken by the United States whenever such right is violated or is in danger of being violated.

        `(B) Coordinating with the Under Secretary for Public Diplomacy and Public Affairs and employees and officers from the regional bureaus of the Department of State to--

          `(i) promote the transition to and development of democracy in nondemocratic countries; and

          `(ii) promote and strengthen the development of democracy in countries that are in transition to democracy.

        `(C) Developing, in consultation with other appropriate executive agencies having programs and responsibilities related to democracy promotion, a strategic plan to promote transition to and development of democracy in nondemocratic countries and overseeing implementation of the plan through an appropriate interagency process.

        `(D) Advising the Secretary regarding any recommendation requested by any official of any other agency that relates to the human rights situation in a foreign country or the effects on human rights or democracy in a foreign country of an agency program of such official.

        `(E) Assisting the Secretary in the preparation of the reports required under section 102 of the Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2005.'.

    (b) Additional Duties for Assistant Secretary of State for Democracy, Human Rights, and Labor- Section 1(c)(2) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(2)) is amended--

      (1) in subparagraph (A), by inserting after the first sentence the following new sentence: `The Assistant Secretary of State for Democracy, Human Rights, and Labor shall also be responsible to the Under Secretary of State for Global Affairs for matters relating to the transition to and development of democracy in nondemocratic countries, including promoting and strengthening the development of democracy in foreign countries that are in the early stages of a transition to democracy.';

      (2) by adding after subparagraph (B) the following new subparagraph:

      `(C) The Assistant Secretary of State for Democracy, Human Rights, and Labor shall maintain continuous observation of and review all matters pertaining to the transition to and promotion and development of democracy in foreign countries. In particular, the Assistant Secretary shall have the following responsibilities:

        `(i) Assisting the Under Secretary of State for Global Affairs in the preparation of the reports required under section 102 of the Advance Democratic Values, Address Non-Democratic Countries, and Enhance Democracy Act of 2005.

        `(ii) Making recommendations to the Under Secretary of State for Global Affairs regarding the promotion of democracy in foreign countries, including assisting the Under Secretary to--

          `(I) promote transition to and development of democracy in nondemocratic countries;

          `(II) promote and strengthen the development of democracy in foreign countries that are in the early stages of a transition to democracy; and

          `(III) support and promote the academic and intellectual study and discussion of democracy in democratic, partly democratic, and nondemocratic countries.

        `(iii) Gathering detailed information that furthers--

          `(I) the identification of foreign countries that are democracies, the extent to which democracy is established in such countries, and the extent to which such countries are committed to promoting democratic principles, practices, and values;

          `(II) the understanding of the most effective means of change and methods of nonviolent action to promote and achieve transition to democracy in a foreign country;

          `(III) the identification of and consultation with nongovernmental organizations, individuals, and movements that promote democratic principles, practices, and values in partly democratic and nondemocratic countries to obtain the views of such organizations, individuals, and movements on the approaches that the United States should take to promote the transition of the governments of such countries to full democracies; and

          `(IV) the documentation of human rights abuses condoned or encouraged by leaders of nondemocratic countries, including an identification of such leaders.

        `(iv) Consulting with nongovernmental organizations, individuals, and movements committed to the peaceful promotion of democracy, democratic principles, practices and values, and fundamental rights and freedoms.

        `(v) Coordinating United States Government assistance to promote democracy abroad, including designing and coordinating an overall assistance strategy, pursuing coordination with other countries and international organizations, ensuring proper management, implementation, and oversight by United States agencies, and resolving policy and program disputes among such agencies.

        `(vi) Performing such other responsibilities which serve to promote and develop democracy in foreign countries.'.

    (c) Authorization of Appropriations- In addition to amounts otherwise authorized, there is authorized to be appropriated to the Secretary of State $10,000,000 for fiscal year 2006, and such sums as may be necessary in each fiscal year thereafter, for the hiring of staff and the conduct of the business of the offices of the Under Secretary of State for Global Affairs and the Assistant Secretary of State for Democracy, Human Rights, and Labor.

    (d) Department of State and United States Missions Abroad-

      (1) OFFICE OF DEMOCRATIC MOVEMENTS AND TRANSITIONS-

        (A) ESTABLISHMENT- There is established within the Bureau of Democracy, Human Rights, and Labor of the Department of State an Office of Democratic Movements and Transitions.

        (B) PURPOSE- The Office shall promote transitions to full democracy in countries that have been designated as nondemocratic or partly democratic in the most recent Annual Report on Democracy required under section 102(b).

        (C) DIRECTOR- The Secretary, after consultation with the Assistant Secretary of State for Democracy, Human Rights, and Labor, shall appoint a Director to head the Office, who shall report to the Assistant Secretary. The individual chosen as Director should possess clearly demonstrated competence in and commitment to the promotion of democracy, including competence in promoting democratic principles, practices, values, and ideals through nonviolent means.

        (D) RESPONSIBILITIES- The Director of the Office shall--

          (i) develop relations with, consult with, and provide assistance to nongovernmental organizations, individuals, and movements that are committed to the peaceful promotion of democracy, democratic principles, practices, and values, and fundamental rights and freedoms in countries described in subparagraph (B);

          (ii) develop strategies and programs to promote peaceful change in such countries;

          (iii) provide political, financial, and other support to nongovernmental organizations, individuals, and movements that promote democratic principles, practices, and values in such countries, including providing training in the strategy and tactics of nonviolent change and providing training equipment related to such purpose;

          (iv) foster relationships between nongovernmental organizations, individuals, and movements and the United States and the governments of other democratic countries, and establish common positions with other democratic countries and the Community of Democracies to promote democratic transitions in countries described in subparagraph (B);

          (v) foster dialogue, to the extent practicable, between the leaders of such nongovernmental organizations, individuals, and movements and the officials of such countries;

          (vi) evaluate recommendations by the Democracy Promotion and Human Rights Advisory Board, established under section 106, regarding strategies to promote democracy in such countries;

          (vii) communicate with the leaders and other senior government officials of such countries concerning respect for liberty, democracy, and political, social, and economic freedoms;

          (viii) communicate with opposition political parties within such countries that support democratic values and respect for human rights;

          (ix) create narratives and histories required under section 107(b) for the Internet site for global democracy and human rights and assist in the preparation of the Annual Report on Democracy required under section 102; and

          (x) facilitate, in coordination with public affairs officers and offices of the Department of State responsible for public diplomacy programs in such countries, debates and discussions, including among young people in other countries, regarding the values and benefits of democracy and human rights at academic institutions in such countries.

      (2) REGIONAL DEMOCRACY HUBS AT UNITED STATES MISSIONS ABROAD-

        (A) ESTABLISHMENT-

          (i) IN GENERAL- The Secretary shall establish at least one Regional Democracy Hub at one United States mission in each of the following geographic regions:

            (I) the Western Hemisphere;

            (II) Europe;

            (III) South Asia;

            (IV) the Near East;

            (V) East Asia and the Pacific; and

            (VI) Africa.

          (ii) DIRECTOR- Each Regional Democracy Hub shall be headed by a Director. The Director and the associated staff shall be selected by the Secretary in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor.

        (B) RESPONSIBILITIES- Each Regional Democracy Hub shall support the appropriate United States ambassador and United States employees assigned to United States missions in each such geographic region to carry out the responsibilities described in this Act, including--

          (i) assisting the Assistant Secretary for Democracy, Human Rights, and Labor and the Under Secretary to conceive and implement strategies for transitions to democracy for each nondemocratic country in the geographic region for which such Hub is responsible, including regional strategies as appropriate, and assisting such United States missions to prepare the reports required under section 102;

          (ii) helping to design and implement programs funded by the Human Rights and Democracy Fund described in section 302, including making proposals directly to the Assistant Secretary for Democracy, Human Rights, and Labor regarding the use of the Fund; and

          (iii) supporting the implementation of other requirements of this Act, including identifying opportunities for United States officials to speak directly to citizens, particularly to young people, in such countries.

        (C) ACCREDITATION- As appropriate, the Department shall seek accreditation for the Director to all nondemocratic countries in each geographic region for which each Hub is responsible.

        (D) TERMINATION- No earlier than two years after a geographic region has ceased to include any nondemocratic or partly democratic country, the Secretary may terminate the Hub for such region.

        (E) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the responsibilities described in subparagraph (B), including hiring additional staff to carry out such responsibilities.

      (3) RESPONSIBILITIES OF THE BUREAU OF INTELLIGENCE AND RESEARCH- The Assistant Secretary for Intelligence and Research shall coordinate with the Department of the Treasury, the Department of Justice, the Central Intelligence Agency, other appropriate intelligence agencies, and, as appropriate, with foreign governments to--

        (A) monitor and document financial assets inside and outside the United States held by leaders of countries determined to be nondemocratic for purposes of the Annual Report on Democracy required under section 102;

        (B) identify close associates of such leaders; and

        (C) monitor and document financial assets inside and outside the United States held by such close associates.

      (4) COORDINATION-

        (A) DEPUTY ASSISTANT SECRETARY OF STATE FOR DEMOCRACY, HUMAN RIGHTS, AND LABOR- There shall be in the Department a Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor who shall report to the Assistant Secretary of State for Democracy, Human Rights, and Labor. Such Deputy Assistant Secretary shall be in addition to the current number of such other Deputy Assistant Secretaries so reporting. In addition to considering qualified noncareer candidates, the Secretary shall seek to recruit senior members of the Senior Foreign Service to serve in such position.

        (B) RESPONSIBILITIES- In addition to such other duties as the Secretary or Assistant Secretary of State for Democracy, Human Rights, and Labor may from time to time designate, the Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor shall--

          (i) coordinate the work of the Office of Democratic Movements and Transitions with the work of other offices and bureaus at the Department;

          (ii) coordinate the work of the Office of Democratic Movements and Transitions with the work of other United States Government agencies;

          (iii) forge connections between the United States and nongovernmental organizations, individuals, and movements committed to the promotion of democracy and democratic principles, practices, and values; and

          (iv) seek ways to promote and enhance the work of nongovernmental organizations, individuals, and movements committed to the promotion of democracy and democratic principles, practices, and values.

      (5) RECRUITMENT- The Secretary shall seek to ensure that no later than December 31, 2012, not less than 50 percent of the nonadministrative employees serving in the Bureau of Democracy, Human Rights, and Labor are members of the Foreign Service.

SEC. 102. REPORTS.

    (a) Portions of Annual Human Rights Reports- The Under Secretary shall assist the Secretary in the preparation of those portions of the reports and other information provided to Congress required under sections 116 and 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304) that relate to freedom and political rights as set forth in the Universal Declaration of Human Rights.

    (b) Annual Report on Democracy-

      (1) PREPARATION AND DEADLINE FOR SUBMISSION- The Secretary shall prepare an Annual Report on Democracy. The Under Secretary, with the assistance of the Assistant Secretary of State for Democracy, Human Rights, and Labor, shall have the principal responsibility of assisting the Secretary in the preparation of the Annual Report. The Under Secretary and Assistant Secretary shall consult with the regional bureaus of the Department in the preparation of the Annual Report. Not later than July 1 of each year, the Secretary shall submit to the appropriate congressional committees the Annual Report on Democracy.

      (2) CONTENTS- The Annual Report on Democracy shall contain the following:

        (A) EXECUTIVE SUMMARY- An Executive Summary with a table listing every foreign country, together with a categorization of each country as `fully democratic', `partly democratic', or `nondemocratic'. The Executive Summary shall contain a short narrative highlighting the status of democracy in each country categorized as partly democratic or nondemocratic.

          (i) DETERMINATION OF CATEGORIZATION- With respect to a country listed in the Executive Summary, the Secretary shall determine which of the categorizations specified under subparagraph (A) is appropriate by reference to the principles enshrined in the United Nations Charter, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the United Nations Commission on Human Rights Resolution 1499/57 (entitled `Promotion of the Right to Democracy'), the assessments used to determine eligibility for financial assistance disbursed from the Millennium Challenge Account, the assessments of nongovernmental organizations used to determine eligibility to participate in the meetings of the Community of Democracies, and the standards established and adopted by the Community of Democracies. In addition, the categorization of a country should be informed by the general consensus regarding the status of civil and political rights in such country by major nongovernmental organizations that conduct assessments of such conditions in such countries.

          (ii) DETERMINATION OF NONDEMOCRATIC CATEGORIZATION-

            (I) IN GENERAL- The Secretary shall categorize a country as nondemocratic if such country fails to satisfy any of the following requirements:

(aa) All citizens of such country have the right to, and are not restricted in practice from, fully and freely participating in the political life of such country regardless of gender, race, language, religion, or beliefs.

(bb) The national legislative body of such country and, if directly elected, the head of government of such country, are chosen by free, fair, open, and periodic elections, by universal and equal suffrage, and by secret ballot.

(cc) More than one political party in such country has candidates who seek elected office at the national level and such parties are not restricted in their political activities or their process for selecting such candidates except for reasonable administrative requirements commonly applied in countries categorized as fully democratic.

(dd) All citizens in such country have a right to, and are not restricted in practice from, fully exercising the freedoms of thought, conscience, belief, peaceful assembly and association, speech, opinion, and expression, and such country has a free, independent, and pluralistic media.

(ee) The current government of such country did not come to power in a manner contrary to the rule of law.

(ff) Such country possesses an independent judiciary and the government of such country generally respects the rule of law.

            (II) ADDITIONAL CONSIDERATIONS- Notwithstanding the satisfaction by a country of the requirements specified under subclause (I), the Secretary may categorize a country as nondemocratic if the Secretary determines that such is appropriate after consideration of the principles specified under clause (i) with respect to such country.

        (B) STATUS OF DEMOCRACY- A description of each country categorized as partly democratic or nondemocratic in the Executive Summary, including--

          (i) an evaluation of trends over the preceding 12 months towards improvement or deterioration in the commitment to and protection of democratic principles, practices, values, institutions, and processes in each such country;

          (ii) an evaluation of the political rights and freedoms enjoyed by individuals in each such country and an evaluation of the factors that prevent each such country from being categorized as fully democratic; and

          (iii) for each country previously categorized as nondemocratic in the Executive Summary from the preceding year, an evaluation of any progress made over the previous calendar year towards achieving a categorization of partly democratic or fully democratic.

        (C) STRATEGY FOR NONDEMOCRATIC COUNTRIES- An in-depth examination of each country categorized as nondemocratic in the Executive Summary, including--

          (i) a specific action plan developed following consultations with nongovernmental organizations, individuals, and movements that promote democratic principles, practices, and values in each such country to promote and achieve transition to full democracy in each such country, including a summary of actions taken by the United States in furtherance of such goal in the preceding 12 months;

          (ii) a summary of any actions taken by the President pursuant to section 501 with respect to any such country, the effects of any such actions, and if no such actions have been taken, a statement explaining why not;

          (iii) a summary of any actions taken by the chief of mission and officials of the United States in each such country with which the United States maintains diplomatic and consular posts with respect to promoting such a transition within that country and any activities of the embassy or consulate in that country to support individuals and organizations in that country that actively advocate for such a transition;

          (iv) a summary of efforts taken by officials of the United States to speak directly to the people in each country, and in particular, a description of any visits taken by the chief of mission and other officials of the United States in each such country to the colleges and universities and other institutions in the country where young people congregate and learn; and

          (v) a summary of any communications between United States Government officials, including the chief of mission, and the leader and other high government officials of each such country concerning respect for liberty, democracy, and political, social, and economic freedoms.

        (D) UNITED STATES POLICIES- A description of United States actions and policies aimed at promoting democracy in foreign countries categorized as partly democratic or nondemocratic, and the extent to which such actions and policies were undertaken in coordination with other democratic countries.

        (E) PEACEFUL TRANSFERS OF POLITICAL POWER- A description of peaceful transfers of political power in each country categorized as partly democratic or nondemocratic in the Executive Summary that have occurred between rival political entities according to established rules and without violence.

      (3) CLASSIFIED ADDENDUM- If the Secretary determines that it is in the national security interests of the United States, is necessary for the safety of individuals identified in the Annual Report on Democracy, or is necessary to further the purposes of this Act, any information required by paragraph (2), including policies adopted or actions taken by the United States, may be summarized in the Annual Report on Democracy or the Executive Summary and submitted to the appropriate congressional committees in more detail in a classified addendum.

      (4) PUBLIC DISCLOSURE- The Executive Summary shall be made available on the Department of State Internet site, except for information that is classified under paragraph (3).

    (c) One-Time Report on Training and Guidelines for Foreign Service Officers and Chiefs of Mission- The Secretary, in consultation with the Under Secretary, shall submit to the appropriate congressional committees a one-time report containing a description of the training provided under section 708(c) of the Foreign Service Act of 1980 (22 U.S.C. 4028(c)), as added by section 109(a), for foreign service officers, including chiefs of mission serving or preparing to serve in countries categorized as partly democratic or nondemocratic or chiefs of mission in fully democratic countries whose job performance could benefit from such training, with respect to methods to promote and achieve transition to full democracy in each such country, including nonviolent action. The Secretary shall submit the report together with the first Annual Report on Democracy required under subsection (b).

SEC. 103. TRANSLATION OF ANNUAL DEPARTMENT OF STATE REPORTS.

    (a) Translation- The Secretary shall ensure that the relevant country specific sections of the reports listed in subsection (b) that relate to a particular country are translated into the principal languages of such country and made available in such country.

    (b) Reports- The relevant country specific sections of the reports referred to in subsection (a) are the following:

      (1) Country specific sections of the most recent Annual Report on Democracy.

      (2) Country specific sections of the most recent annual Trafficking in Persons Report prepared by the Office to Monitor and Combat Trafficking in Persons of the Department of State.

      (3) Country specific sections of the most recent Annual Report on International Religious Freedom prepared by the Office of International Religious Freedom in the Bureau of Democracy, Human Rights, and Labor of the Department of State.

      (4) Country specific sections of the most recent annual Country Reports on Human Rights Practices prepared by the Bureau of Democracy, Human Rights, and Labor of the Department of State.

    (c) Date for Completion- Not later than 120 days after the completion of each report described in subsection (a), the Secretary shall ensure the translation of each such report.

    (d) Authorization of Appropriations- In addition to amounts that are otherwise available for the translation of Department reports, there is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.

SEC. 104. STRATEGIES TO ENHANCE THE PROMOTION OF DEMOCRACY IN FOREIGN COUNTRIES.

    (a) Working Group on Nondemocratic Countries- Beginning in the year after the second Annual Report on Democracy required under section 102(b) is submitted and not less than once each year thereafter, the Under Secretary shall convene a working group under subsection (c) focused on each country designated as nondemocratic in the most recent such report in order to--

      (1) review progress on the action plan with respect to each such country to promote and achieve the transition to full democracy in such country; and

      (2) receive recommendations regarding further action that should be taken with respect to such plan.

    (b) Working Group on Countries in Transition- Beginning in the year after the second Annual Report on Democracy required under section 102(b) is submitted and not less than once each year thereafter, the Under Secretary should also convene a working group under subsection (c) focused on the progress towards a fully democratic form of governance in each country designated as `partly democratic' in the most recent annual report that was designated as `nondemocratic' in any of the previous annual reports.

    (c) Members of Working Groups- The working groups referred to in subsections (a) and (b) shall include officers and employees of the Department and appropriate representatives from other relevant government agencies, including the United States Agency for International Development, the Department of the Treasury, and the Department of Defense.

    (d) Consultations With Chiefs of Missions- The chief of mission for each country designated as nondemocratic or partly democratic in the most recent Annual Report on Democracy shall meet with the Under Secretary at least once each year to discuss the transition to full democracy in such country, including any actions the chief of mission has taken to implement the action plan for such country included in such report.

SEC. 105. ACTIVITIES BY THE UNITED STATES TO PROMOTE DEMOCRACY AND HUMAN RIGHTS IN FOREIGN COUNTRIES.

    (a) Freedom Investment Act of 2002- The Freedom Investment Act of 2002 (subtitle E of title VI of Public Law 107-228) is amended--

      (1) in Section 663(a), (relating to human rights activities at the Department of State)--

        (A) in paragraph (1), by striking `and' at the end;

        (B) by redesignating paragraph (2) as paragraph (4);

        (C) by inserting after paragraph (1) the following new paragraphs:

      `(2) a United States mission abroad in a country that has been designated as nondemocratic in the most recent Annual Report on Democracy (as required under section 102(b) of the Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2005) should have at least one political officer who shall have primary responsibility for monitoring and promoting democracy and human rights in such country;

      `(3) the level of seniority of any such political officer should be in direct relationship to the severity of the problems associated with the establishment of full democracy and respect for human rights in such country; and'; and

        (D) in paragraph (4), as so redesignated, by striking `monitoring human rights developments' and all that follows through `recommendation' and inserting the following: `monitoring and promoting democracy and human rights, including a political officer described in paragraphs (2) and (3), in a foreign country should be made after consultation with and upon the recommendation'; and

      (2) in section 665(c) (relating to reports on actions taken by the United States to encourage respect for human rights), by striking the second sentence and adding at the end the following new sentences: `If the Secretary elects to submit such information as a separate report, such report may be submitted as part of the Annual Report on Democracy required under section 102(b) of the Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2005. If the Secretary makes such an election, such report shall be organized so as to contain a separate section for each country to which such information applies, together with a short narrative describing the extrajudicial killing, torture, or other serious violations of human rights that are indicated to have occurred in each such country.'.

    (b) Foreign Assistance Act of 1961- The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--

      (1) in section 116(d) (22 U.S.C. 2151n(d)), by striking paragraph 10 and inserting the following new paragraph:

      `(10) for each country with respect to which the report indicates that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, a strategy, including a specific list of priorities and an action plan, to end such practices in the country, and any actions taken in the previous year to end such practices in the country; and'; and

      (2) in section 502B(b) (22 U.S.C. 2304(b)), by striking the sixth sentence and inserting the following new sentence: `Such report shall also include, for each country with respect to which the report indicates that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, a strategy, including a specific list of priorities and an action plan, to end such practices in the country, and any actions taken in the previous year to end such practices in the country.'.

SEC. 106. DEMOCRACY PROMOTION AND HUMAN RIGHTS ADVISORY BOARD.

    (a) Establishment- There is established a Democracy Promotion and Human Rights Advisory Board.

    (b) Purpose and Duties- The Board shall advise and provide recommendations to the Secretary, the Under Secretary of State, the Assistant Secretary of State for Democracy, Human Rights, and Labor, and the Assistant Administrator for the Bureau of Democracy, Conflict and Humanitarian Assistance of the United States Agency for International Development concerning United States policies regarding the promotion of democracy and the establishment of universal democracy, including the following:

      (1) Reviewing and making recommendations regarding the overall United States strategy for promoting democracy and human rights in partly democratic and nondemocratic countries, including methods for incorporating the promotion of democracy and human rights into United States diplomacy, the use of international organizations to further United States democracy promotion goals, and ways in which the United States can work with other countries and the Community of Democracies to further such purposes.

      (2) Recommendations regarding specific strategies to promote democracy in countries categorized as nondemocratic in the most recent Annual Report on Democracy submitted under section 102(b), in countries that are in a transition to democracy, and methods for consulting and coordinating with individuals (including expatriates) and nongovernmental organizations that promote democratic principles, practices, and ideals.

      (3) Recommendations regarding the use of--

        (A) programs related to the promotion of democracy and human rights administered by the United States Agency for International Development; and

        (B) the Human Rights and Democracy Fund, established under section 664 of the Freedom Investment Act of 2002 (subtitle E of title VI of Public Law 107-228).

      (4) Recommendations regarding regulations to be promulgated concerning--

        (A) the standards of performance to be met by members of the Foreign Service, including chiefs of mission, under section 405(d) of the Foreign Service Act of 1980 (22 U.S.C. 3965(d)); and

        (B) the development of programs to promote democracy in foreign countries under section 108, relating to programs undertaken by United States missions in foreign countries and the activities of chiefs of mission.

    (c) Study on Democracy Assistance-

      (1) IN GENERAL- Not later than 18 months after the appointment of five members of the Board, the Board shall submit to the President, Congress, and the Secretary a study on United States democracy assistance.

      (2) TRANSMITTAL- Copies of the report shall be transmitted to the Under Secretary, the Assistant Secretary of State for Democracy, Human Rights, and Labor, the Broadcasting Board of Governors, the Administrator of the United States Agency for International Development, the President of the National Endowment for Democracy, the President of the Center for International Private Enterprise, the President of the International Republican Institute, the President of the National Democratic Institute for International Affairs, and the President of the Free Trade Union Institute.

      (3) CONTENTS- The study shall include--

        (A) a comprehensive review and an overall evaluation of the efficiency and effectiveness of United States appropriations for the promotion of democracy, including--

          (i) information regarding the amount of money dedicated to such purpose each fiscal year;

          (ii) an identification of the international organizations, nongovernmental organizations, multilateral institutions, individuals, private groups (including corporations and other businesses), and government agencies and departments receiving such funds for such purpose;

          (iii) information regarding the efficiency and effectiveness of the use of such funds to promote a transition to democracy in nondemocratic countries with a special emphasis on activities related to the promotion of democracy under section 302(b), relating to the Human Rights and Democracy Fund; and

          (iv) information regarding the efficiency and effectiveness of the use of such funds to promote and sustain democracy in countries that are already fully democratic or partly democratic;

        (B) a review of--

          (i) the ability of the Broadcasting Board of Governors to provide 24-hour service seven days a week to all countries categorized as nondemocratic in the most recent Annual Report on Democracy and the influence such broadcasts may have on the views of citizens of such countries, including information relating to programming on the means of nonviolent protest and successful movements for democratic change in other countries around the world; and

          (ii) the advisability of supporting private media sources that are not controlled or owned by the United States, including by providing grants, loans, or loan guarantees and by establishing a new entity that would manage such a program to promote a wider range of view that have no connection to the United States;

        (C) policy recommendations to the President and Congress regarding ways to improve United States programs for the promotion of democracy; and

        (D) recommendations for reform of United States Government agencies involved in the promotion of democracy.

    (d) Membership-

      (1) APPOINTMENT- The Board shall be composed of nine members, who shall be citizens of the United States and who shall not be officers or employees of the United States. The members shall be appointed as follows:

        (A) Three members shall be appointed by the President.

        (B) Three members shall be appointed by the Speaker of the House of Representatives, of whom two members shall be appointed upon the recommendation of the leader in the House of the political party that is not the political party of the President, and of whom one member shall be appointed upon the recommendation of the leader in the House of the other political party.

        (C) Three members shall be appointed by the President pro tempore of the Senate, of whom two members shall be appointed upon the recommendation of the leader in the Senate of the political party that is not the political party of the President, of whom one member shall be appointed upon the recommendation of the leader in the Senate of the other party.

      (2) SELECTION AND VACANCIES- Members of the Board shall be selected from among distinguished individuals noted for their knowledge and experience in fields relevant to the issues to be considered by the Board, including issues related to the promotion of democracy, international relations, management and organization of foreign assistance or comparable programs, methods and means of nonviolent protest, academic study and debate of democracy, human rights, and international law. A vacancy on the Board shall not affect its powers, but shall be filled in the manner in which the original appointment was made.

      (3) TIME FOR APPOINTMENT- The appointment of members to the Board under paragraph (1) shall be made not later than 120 days after the date of the enactment of this Act.

      (4) TERM OF SERVICE AND SUNSET- Each member shall be appointed to the Board for a term that shall expir
Also Visit
AEIdeas Blog The American Magazine

What's new on AEI

AEI Election Watch 2014: What will happen and why it matters
image A nation divided by marriage
image Teaching reform
image Socialist party pushing $20 minimum wage defends $13-an-hour job listing
AEI on Facebook
Events Calendar
  • 20
    MON
  • 21
    TUE
  • 22
    WED
  • 23
    THU
  • 24
    FRI
Monday, October 20, 2014 | 2:00 p.m. – 3:30 p.m.
Warfare beneath the waves: The undersea domain in Asia

We welcome you to join us for a panel discussion of the undersea military competition occurring in Asia and what it means for the United States and its allies.

Tuesday, October 21, 2014 | 8:30 a.m. – 10:00 a.m.
AEI Election Watch 2014: What will happen and why it matters

AEI’s Election Watch is back! Please join us for two sessions of the longest-running election program in Washington, DC. 

Wednesday, October 22, 2014 | 1:00 p.m. – 2:30 p.m.
What now for the Common Core?

We welcome you to join us at AEI for a discussion of what’s next for the Common Core.

Thursday, October 23, 2014 | 10:00 a.m. – 11:00 a.m.
Brazil’s presidential election: Real challenges, real choices

Please join AEI for a discussion examining each candidate’s platform and prospects for victory and the impact that a possible shift toward free-market policies in Brazil might have on South America as a whole.

No events scheduled this day.
No events scheduled today.
No events scheduled this day.
No events scheduled this day.