110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–119 

ADVANCE DEMOCRATIC VALUES, ADDRESS NONDEMOCRATIC COUNTRIES, AND ENHANCE DEMOCRACY ACT OF 

2007 OR THE ADVANCE DEMOCRACY ACT OF 2007 

MAY 2, 2007.—Committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

Mr. LANTOS, from the Committee on Foreign Affairs, 

submitted the following 

R E P O R T 

[To accompany H.R. 982] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Foreign Affairs, to whom was referred the bill 

(H.R. 982) to promote democratic values and enhance democracy, 

and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do 

pass. 

TABLE OF CONTENTS 

Page 

Summary .................................................................................................................. 2 

Background and Purpose ........................................................................................ 2 

Hearings ................................................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Votes of the Committee ........................................................................................... 4 

Committee Oversight Findings ............................................................................... 4 

New Budget Authority and Tax Expenditures ...................................................... 5 

Congressional Budget Office Cost Estimate .......................................................... 5 

Performance Goals and Objectives ......................................................................... 7 

Constitutional Authority Statement ...................................................................... 8 

New Advisory Committees ...................................................................................... 8 

Congressional Accountability Act ........................................................................... 8 

Earmark Identification ............................................................................................ 8 

Section-by-Section Analysis and Discussion .......................................................... 8 

Changes in Existing Law Made by the Bill, as Reported ..................................... 17 


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SUMMARY

The ADVANCE Democracy Act of 2007 establishes in law a 

framework to strengthen and institutionalize the promotion of democracy within the State Department. By doing so, H.R. 982 continues efforts by the Committee to reform the ways the Department 

of State carries out its responsibilities in promoting democracy and 

protecting human rights. The Committee recognizes that there are 

a number of talented and dedicated career State Department officials who focus their talents and energy on democracy promotion, 

and that the Department has taken a number of steps consistent 

with H.R. 982 and its predecessor legislation. However, the Committee believes these efforts could be strengthened by further institutional reforms and a greater focus on developing strategies for 

the protection of human rights and the promotion of democracy. In 

this sense, H.R. 982 is a congressional response to the President’s 

pronouncements on democracy and the Secretary of State’s efforts 

to change the State Department through her Transformational Diplomacy Initiative. 

BACKGROUND AND PURPOSE

Since the beginning of the republic, the United States and its 

citizens have aspired to the highest ideals of government, and from 

quite early on became involved in human rights issues, such as the 

international slave trade and the working conditions of Chinese 

railroad workers. The pursuit of democracy, human rights, and 

freedom has since become part of the mainstream our nation’s foreign policy, with a long and distinguished set of proponents from 

every part of the political spectrum, including Presidents Woodrow 

Wilson, Franklin Delano Roosevelt, Jimmy Carter, Ronald Reagan, 

and the current President Bush. While this aspect of U.S. foreign 

policy often has to coexist with other foreign policy objectives, it 

nonetheless has made its mark throughout the 20th century. Unfortunately, at times those who advocate for ‘‘democracy promotion’’

and those who argue for ‘‘human rights protection’’ see these goals 

as different. In reality, a benevolent dictator can allow any number 

of human rights to flourish, yet those may be snatched at any moment because of the lack of democratic protections. Similarly, a democracy cannot realize its full potential unless human rights such 

as the freedom of the press, the freedom of association, and other 

rights are fully protected. 

The Committee notes that democracy is increasingly seen as a 

key part of the international system as reflected by the unanimous 

votes at the United Nations Commission on Human Rights and in 

the United Nations General Assembly affirming the right to democracy as a human right. Beginning in 2002, Congress began trying 

to focus the Department of State increasingly on being more active 

in furthering this trend in the Freedom Investment Act of 2002, 

which started both institutional reforms and a requirement for 

greater strategic focus that are continued in this Act. 

In many ways this increasing focus on democracy has met with 

success. Over the past three decades, the number of fully democratic countries has more than doubled, from 41 to 89, while the 

number of countries governed by a dictator or a totalitarian government has decreased by 37 percent, often as a result of nonviolent 


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resistance by the peoples of such countries, aided by support from 

democratic countries. 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. 

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, human rights advocates and democracy activists in nondemocratic countries. However, a loss of focus, a failure to prepare 

for potential changes in regimes, and less focus on supporting countries already on the path to democracy has led to missed opportunities and ‘‘backsliding’’ toward authoritarianism in some democratic 

transition countries. 

With President Bush’s second inaugural address, the war in Iraq, 

and the 2006 elections in the West Bank and Gaza, the public has 

paid greater attention to policies related to promoting democracy 

and the appropriate roles and mechanisms for the United States 

policy to spreading democracy abroad. So-called ‘‘realists’’ have 

sometimes triumphantly declared that electoral democracy cannot 

develop in certain parts of the world or in certain cultures. And 

certain democracy and human rights advocates, while concerned 

with what they perceive as the aggressive nature of the Administration’s ‘‘Freedom Agenda,’’ fear a counter reaction by the public 

against traditional U.S. foreign policy values. 

The ADVANCE Democracy Act is designed to help ensure that 

the moral compass in U.S. foreign policy remains strong. It provides for reforms that will make democracy promotion more effective, helps to ensure that U.S. programs focus on a long-term commitment to the growth and maturation of democratic institutions, 

and seeks to bridge differences between human rights and democracy promotion advocates. The ADVANCE Democracy Act of 2007: 

(1) Requires the Secretary to develop long-term strategies for democracy promotion and human rights protection 

for non-democratic and democratic transition countries and 

countries where there are severe human rights violations; 

(2) Requires that such strategies be developed with individuals and groups from each particular country that support democratic values and that such strategies be carried 

out with our friends and allies around the world, including 

like-minded countries and international organizations; 

(3) Requires training on democracy promotion and 

human rights protection throughout the careers of Foreign 

Service officers and other State Department employees; 

(4) Creates financial and promotion incentives for employees who excel in democracy promotion and human 

rights protection; and 

(5) Requires that Ambassadors and other senior members of the Foreign Service do more to reach out to foreign 

audiences and engage robustly with government officials, 

foreign media, non-governmental organizations, and students to have serious discussions about U.S. foreign policy, 

in particular democracy and human rights. 


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The ADVANCE Democracy Act of 2007 also contains a number 

of other additional reforms, such as declaring democracy promotion 

and human rights protection to be fundamental foreign policy objectives of the United States, requiring an office for emerging activists to contact, providing for the collection of information on actions 

by and assets of leaders of non-democratic countries, requiring the 

establishment of a web site for activists, differentiating between 

non-governmental organizations and contractors as mechanisms for 

the delivery of U.S. democracy assistance, and fostering more multilateral cooperation on democracy promotion. 

The ADVANCE Democracy Act of 2007 represents several years 

of discussion with outside activists, democracy practitioners, and 

the Department of State. It builds on the adoption by the House 

of an earlier version of the legislation, which prompted the Department of State to initiate a series of internal reforms, some of which 

are reflected in H.R. 982. 

HEARINGS

In the 109th Congress, as part of assessing previously introduced 

legislation, the Committee held a number of hearings on democracy 

and human rights. On May 5, 2005, the Committee held a hearing 

entitled, ‘‘Promoting Democracy through Diplomacy,’’ on February 

16, 2006, the Committee heard from Secretary Rice on her Transformational Democracy Initiative, and on March 2, 2006, the Committee held a hearing entitled, ‘‘U.S. Policy Toward the Palestinians in the Aftermath of the Parliamentary Elections.’’ On June 21, 

2006, the Committee heard from Administration witnesses during 

a hearing entitled, ‘‘Democracy in Latin America, Successes, Challenges and the Future,’’ and on February 7, 2007, the Committee 

received an update from the Secretary of State on the Department’s 

Transformational Diplomacy Initiative. On March 29, 2007, the 

Committee heard from former Assistant Secretaries of State for Democracy, Human Rights and Labor Harold Koh and John Shattuck 

regarding the most recent Country Reports on Human Rights Practices, which included discussion of H.R. 982. 

COMMITTEE CONSIDERATION

The Committee marked up H.R. 982 on March 27, 2007, and reported the bill favorably to the House by voice vote, a quorum 

being present. 

VOTES OF THE COMMITTEE

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during consideration of H.R. 982. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 


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NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c) (2) of House Rule XIII is inapplicable because this 

legislation does not provide new budgetary authority or increased 

tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 1678, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under Section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, March 29, 2007. 

Hon. TOM LANTOS, Chairman, 

Committee on Foreign Affairs, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 982, the ADVANCE Democracy Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Sunita D’Monte, who can 

be reached at 226–2840. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure 

cc: Honorable Ileana Ros-Lehtinen 

Ranking Member 

H.R. 982—ADVANCE Democracy Act of 2007 

SUMMARY

H.R. 982 would authorize the appropriation of funds for the 

Human Rights and Democracy Fund which is administered by the 

Department of State. In addition, it would authorize the appropriation of funds for grants to the United Nations Democracy Fund and 

the International Center for Democratic Transition. Finally, it 

would authorize the department to hire additional staff and participate in a fellowship program to promote democracy. 

CBO estimates that implementing H.R. 982 would cost $29 million in 2008 and about $150 million over the 2008–2012 period, assuming appropriation of the specified and estimated amounts. The 

bill also would allow the Human Rights and Democracy Fund to receive and spend gifts and donations, but CBO estimates this provision would have no significant effect on direct spending and receipts. 

H.R. 982 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 


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ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 982 is shown in the following table. The costs of this legislation fall within budget function 150 (international affairs). 

By Fiscal Year, in Millions of Dollars 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 1

Democracy Programs 

Estimated Authorization Level 65 75 1 0 0 

Estimated Outlays 26 46 30 16 11 

Other Programs 

Estimated Authorization Level 4 4 4 4 4 

Estimated Outlays 3 4 4 4 4 

Total Changes 

Estimated Authorization Level 69 79 5 4 4 

Estimated Outlays 29 50 34 20 15 

1 Enacting H.R. 982 also could affect revenues and direct spending, but CBO estimates that any such effects would be 

less then $500,000 a year. 

BASIS OF ESTIMATE

CBO estimates that implementing H.R. 982 would cost $29 million in 2008 and about $150 million over the 2008–2012 period, assuming appropriation of the specified and estimated amounts. The 

bill would also allow the Human Rights and Democracy Fund to receive and spend gifts and donations, but CBO estimates this provision would have no significant effect on direct spending and receipts. 

Spending Subject to Appropriation 

H.R. 982 would authorize the appropriation of an estimated $69 

million in 2008 and about $160 million over the 2008–2012 period 

for programs and grants to promote democracy around the world. 

For this estimate, CBO assumes that this legislation will be enacted near the start of fiscal year 2008, that the specified and estimated authorization amounts will be appropriated near the start of 

each fiscal year, and that outlays will follow historical spending 

patterns for existing and similar programs. 

Democracy Programs. Section 302 would authorize the appropria- tion of $50 million in 2008 and $60 million in 2009 for the Human 

Rights and Democracy Fund, a fund that the Department of State 

uses to promote human rights and democracy around the world. 

Based on historical spending patterns, CBO estimates that implementing this section would cost $11 million in 2008 and $99 million over the 2008–2012 period, assuming appropriation of the authorized amounts. 

Section 203 would authorize the appropriation of such sums as 

may be necessary for 2008 and 2009 for a contribution to the 

United Nations Democracy Fund. In its budget request for 2008, 

the Department of State has requested $14 million for such a contribution and CBO expects that such an amount for both 2008 and 

2009 would be sufficient to meet the purposes of this authorization. 

CBO estimates that implementing this section would cost $14 milVerDate Aug 31 2005 10:32 May 03, 2007 Jkt 059006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6601 E:\HR\OC\HR119.XXX HR119

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lion in 2008 and $28 million over the 2008–2009 period, assuming 

appropriation of the necessary amounts. 

Section 202 would authorize the appropriation of $1 million in 

2008, 2009, and 2010 for a grant to the International Center for 

Democratic Transition. This center is located in Budapest, Hungary, and works to help countries make the transition from dictatorship to democracy. CBO estimates that implementing this section would cost $3 million over the 2008–2010 period, assuming appropriation of the authorized amounts. 

Other Provisions. Section 101 would authorize the appropriation 

of such sums as may be necessary for the Secretary to hire Democracy Liaison Officers to promote the transition of nondemocratic 

and partly democratic countries to democracy. Based on information from the department, CBO estimates that 12 such positions 

would be created, at an annual cost of $3 million (including the 

costs of overseas travel and housing expenses), assuming appropriation of the estimated amounts. 

Section 103 would authorize a Democracy Fellowship Program to 

place employees of the State Department in positions at congressional committees and nongovernmental organizations that work 

on democracy issues. It would authorize the appropriation of such 

sums as may be necessary for this purpose. Based on information 

from the department, CBO estimates that five fellows would participate each year in this program. Including administrative expenses, CBO estimates this provision would cost $1 million a year, 

assuming appropriation of the estimated amounts. 

Finally, the bill contains some reporting requirements which 

CBO estimates would cost less than $500,000 a year in aggregate, 

assuming appropriation of the necessary amounts. 

Direct Spending and Revenues 

Section 302 would allow the Human Rights and Democracy Fund 

to accept and spend gifts and donations, but CBO estimates this 

provision would have no significant effect on direct spending and 

receipts. 

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

H.R. 982 contains no intergovernmental or private-sector mandates as defined in UMRA and would not affect the budgets of 

state, local, or tribal governments. 

PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause (3)(c) of House rule XIII, upon enactment of 

this legislation, the Department of State should start developing 

long-term, multiyear democracy promotion and human rights protection strategies for nondemocratic countries and democratic transition countries as well as countries where there are severe human 

rights violations. There should be a measurable increase in the 

number of hours of training in human rights and democracy promotion that members of the Foreign Service receive. 


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CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d) (1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8 of the Constitution. 

NEW ADVISORY COMMITTEES

H.R. 982 does not establish or authorize any new advisory committees. 

CONGRESSIONAL ACCOUNTABILITY ACT

H.R. 982 does not apply to the Legislative Branch. 

EARMARK IDENTIFICATION

H.R. 982 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), 

or 9(f) of rule XXI. Section 202 contains an authorization for a 

grant to the International Center for Democratic Transition, an organization endorsed by the Community of Democracies at its 2006 

Ministerial meeting and supported by the Department of State. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

Section 1. Short Title. 

This section states that the act may be referred to as the, ‘‘Advance Democratic Values, Address Nondemocratic Countries, and 

Enhance Democracy Act of 2007,’’ or the ‘‘ADVANCE Democracy 

Act of 2007.’’

Section 2. Table of Contents. 

This section provides the table of contents for the Act. 

Section 3 Findings. 

This section contains congressional findings describing the need 

to promote democracy throughout the world. The findings note that 

the promotion of universal democracy constitutes a long-term challenge that goes through unique phases and paces in individual 

countries and requires the development of democratic institutions. 

It also recognizes that democracy and human rights activists are 

under increasing pressure from authoritarian regimes and, in some 

cases, the governments of democratic transition countries. While 

recognizing that individuals, non-governmental organizations, and 

movements in nondemocratic and democratic transition countries 

must take the lead in making their own decisions, democratic countries have a number of instruments to support such reformers, and 

must cooperate with each other to do so. 

Section 4. Statement of Policy. 

This section declares that it is United States policy: To promote 

freedom and democracy and to affirm fundamental freedoms and 

human rights throughout the world as fundamental components of 

United States foreign policy; to promote democratic institutions, including an independent judiciary, an independent and professional 

media, strong legislatures and a thriving civil society; to provide 


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support to individuals, nongovernmental organizations, and movements living in nondemocratic countries that aspire to live in freedom; to provide political, economic, and other support to foreign 

countries that are undertaking a transition to democracy; and to 

strengthen cooperation with other democratic countries in order to 

better promote and defend shared values and ideals. 

Section 5. Definitions. 

This section provides definitions for use in the act. 

TITLE I—DEPARTMENT OF STATE ACTIVITIES. 

Title I ensures that Department of State activities and officers 

promote human rights and democracy throughout the world as a 

fundamental objective of United States foreign policy by seeking to 

end dictatorial and other nondemocratic forms of governance in foreign countries through peaceful means. 

Section 101. Promotion of Democracy in Foreign Countries. 

Subsection (a) amends the State Department Basic Authorities 

Act by enhancing the duties of the Assistant Secretary of State for 

Democracy, Human Rights, and Labor (DRL) in democracy promotion. 

Subsection (b) provides for a number of institutional changes at 

the Department of State. Paragraph (1) requires that there be at 

least one office in DRL responsible for working with democratic 

movements and facilitating the transition of countries to democracy, including having at least one employee in each office specifically responsible for working with such movements. Activists in 

other countries sometimes are not sure who to contact at the Department of State to discuss democracy and human rights issues in 

their countries, and this office or offices with experts on how to 

help such activists will provide a place of entry. 

Paragraph (2) provides for the establishment of Democracy Liaison Officers, as requested by the Department of State and building 

on the Congressional initiative to create Democracy hubs in foreign 

countries. These officers should be selected with the concurrence of 

the Assistant Secretary of DRL in order to ensure that appropriate 

individuals are put in those posts. Paragraph (2) also indicates that 

these positions should be in addition to, and not in replacement of, 

other positions. The Committee has been concerned that the Department as part of its Transformational Diplomacy Initiative, intends to reduce or eliminate labor officers in posts abroad. While 

not objecting to moving such posts to the countries where the need 

is greatest, the Committee is concerned that eliminating such positions would reflect the abandoning of the core consensus that has 

existed since the 1980s that the promotion of democracy includes 

the promotion of the freedoms of association and organization by 

laborers. Subparagraph (C) makes this direction clear. 

Paragraph (3) provides that the Secretary should collect information on the assets of leaders of non-democratic countries. Paragraph (4) provides a sense of congress that DRL should have three 

Deputy Assistant Secretaries. Paragraph (5) provides that the Secretary shall seek to ensure that 50 percent of DRL’s nonadministrative employees are members of the Foreign Service. The Committee believes that the only way the democracy and human rights 


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function will become more of a priority for the nation’s diplomatic 

corps is to encourage a greater number of members of the Foreign 

Service to serve there. 

Subsection (c) provides amendments to the Freedom Investment 

Act of 2002. 

Section 102. Reports. 

Subsection (a) makes amendments to the Foreign Assistance Act 

of 1961 that requires the Department to include in the Country Reports on Human Rights Practices a long term strategy, including 

a specific list of priorities and an action plan, for ending serious 

human rights violations. Similarly, with respect to nondemocratic 

and democratic transition countries, the report must include a long 

term strategy to promote and achieve a transition to full democracy 

and good governance, including a specific list of priorities, an action 

plan and specific responsibilities and activities for chiefs of missions to promote democracy, and actions taken in the previous 

year. Such reporting on activities in the previous year should include reporting on the activities of the chief of mission and the relevant mission to engage with the local media, to consult with and 

support democratic reformers, and to reach out to university students and other young people. 

By requiring a long-term strategy, Congress will be able to exercise better oversight as to how the U.S. Government intends to develop both short-term and long-term actions to promote democracies. This builds on the requirement in the Freedom Investment 

Act of 2002 for a human rights strategy, which the Department has 

implemented by the creation of the Support for Human Rights and 

Democracies (SHRD) Report, originally required by the Freedom 

Investment Act of 2002. 

In essence, the Committee believes that the Department should 

have two key human rights reports relating to democracy and universal human rights. The first, the annual Country Reports on 

Human Rights Practices, will be an official description of the conditions in a country, developed in a nonpolitical and factual manner; 

the second, the report required by the amendments in this section, 

should briefly describe the current status or situation of human 

rights and democracy movements, the long-term strategy to address the situation, programs supported by the U.S. Government to 

address the situation, and the effectiveness of those programs. The 

description should include what the U.S. Government has done in 

the past year, as well as future goals in the context of a five year 

program. The flaw in the current SHRD Report is that it represents a catalogue of the activities that the Department has done 

and does not set forth the Department’s strategy and implementation plans, nor in some instances does it link how specific U.S. Government-supported programs address certain serious human rights 

violations. Understanding that this information may be sensitive, 

subsection (c) allows the Secretary to put as much of this information as necessary in a classified annex to the report. 

The Committee expects that such strategies will be at least 5 

years, allowing for focus on building democratic institutions and 

not focusing on any immediately upcoming elections. While determination of which countries to provide strategies on is left to the 

Secretary, and the ‘‘categorization’’ of countries was eliminated 


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from the prior drafts of this legislation, the legislation does provide 

guidance for which countries should have such a strategy. It is the 

Committee’s intention that if a country fails to satisfy any one of 

the seven criteria described in the new section 116(d) (12) (B), the 

Secretary must develop such a strategy. The amendments in subsection (a) also allow this part of the report to be transmitted separately 90 days after the submission of the Country Practices Report. This provision builds on the report required by the Freedom 

Investment Act of 2002. Subsection (b) provides a conforming 

amendment and, as indicated above, subsection (c) provides for a 

classified addendum in case information in the new report is sensitive. The Committee recognizes that some information required 

by this section may either endanger individuals, or may undermine 

U.S. programs. Such information can be included in the classified 

addendum. 

Section 103. Democracy Fellowship Program. 

This section, requested by the Department of State, provides for 

a program to obtain additional perspectives on democracy promotion abroad by working with appropriate congressional committees and in nongovernmental organizations involved in democracy 

promotion. 

Section 104. Advisory Committee on Democracy Promotion. 

This section provides that the Advisory Committee on Democracy 

Promotion established by the Secretary of State, consistent with a 

congressional initiative in this regard, conduct two studies, one on 

democracy assistance, and the other on personnel practices of the 

Department. While the Act addresses certain democracy promotion 

assistance matters, the Committee believes that the question of democracy assistance needs further review to determine how best to 

improve our assistance delivery mechanisms. Too often our assistance has been too cautious or relies on recommendations from the 

field, which at times are outstanding but are sometimes made by 

officers who have little experience in democracy promotion. The 

Committee hopes that such a study will provide additional reform 

ideas for the Department and the Congress. Similarly, while extensively addressing certain personnel issues, the Committee believes 

additional study could also provide additional insight into this matter. The Committee would expect that the Department would assign some knowledgeable personnel to the Advisory Committee to 

help coordinate these studies and should strongly consider providing funding so that the Advisory Committee can contract out 

these studies. 

Section 105. Establishment and Maintenance of Internet Site for 

Global Democracy and Human Rights. 

This section directs the Secretary of State to establish and maintain an Internet site for global democracy to facilitate access by individuals and nongovernmental organizations in foreign countries 

to documents and other media regarding democratic principles, 

practices, and values, the promotion and strengthening of democracy, and the injustices of living in a nondemocratic country. This 

web site is intended to be an address where democracy activists 

from around the world can obtain information on conditions in 


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their country in their own language, materials on successful democracy movements and tactics for peaceful democratic change, and 

links to groups around the world that engage in similar struggles 

for freedom. The web site should also include parts of other relevant human rights reports, including translations where appropriate, such as the annual Country Reports on Human Rights Practices, the Annual Report on International Religious Freedom, and 

the Annual Report on Trafficking in Persons. 

Section 106. Programs by United States Missions in Foreign Countries and Activities of Chiefs of Mission. 

Subsection (a) directs the chief of mission in each country designated as nondemocratic to develop a strategy to promote democracy in the country and to provide material and visible support to 

nongovernmental organizations, individuals and movements in that 

country that are committed to democratic principles, practices, and 

values. Subsection (b) encourages chiefs of missions and principal 

officers to spend a substantial amount of time at universities and 

other institutions of higher learning for the purpose of communicating, promoting, and defending U.S. values, purposes and policies related to promotion of democracy. Subsection (c) authorizes 

and encourages access by foreign nationals to the premises of 

United States diplomatic missions in countries categorized by the 

most recent Annual Report on Democracy as either a ‘democratic 

transition country’ or as ‘nondemocratic.’

Section 107. Training for Foreign Service Officers. 

Subsection (a) amends the Foreign Service Act of 1980 to mandate enhanced training in how to strengthen and promote democracy for members of the Foreign Service having responsibility for 

internal political developments and human rights in foreign countries, including how to strengthen and promote democracy through 

peaceful means in consultation with individuals and nongovernmental organizations in such countries that support democratic 

principles, practices, and values. Training should include instruction, a training manual and other materials regarding: (1) international documents and U.S. policy regarding electoral democracy 

and respect for human rights, including trafficking in persons; (2) 

U.S. policy regarding the promotion and strengthening of democracy around the world, with particular emphasis on the transition 

to democracy in nondemocratic countries; (3) ways to provide technical, financial, and other support to individuals (including expatriated citizens) and nongovernmental organizations in such country 

that support democratic principles, practices, and values; and (4) 

the protection of internationally recognized human rights, including the protection of religious freedom and preventing slavery and 

trafficking in persons. 

Such instruction may include: conducting discussions with the 

leaders of such country regarding a transition to full democracy, 

political, social, and economic freedoms, United States policy to 

promote democracy in foreign countries, and the possibility that 

such leaders might voluntarily cede power; how to conduct discussions with the students and young people of such country regarding 

a transition to full democracy, and political, social, and economic 

freedoms, and United States policy to promote democracy in foreign 


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countries; the methods of nonviolent action and the most effective 

manner to share such information with individuals and nongovernmental organizations in such country that support democratic principles, practices, and values; and the investigation and documentation of violations of internationally-recognized human rights in coordination with nongovernmental human rights organizations, violations of religious freedom, and government-tolerated or condoned 

trafficking in persons that occur in such country. 

The Committee understands that certain training courses do include some human rights training. However, the Committee understands that the scope and consistency of such training is sometimes 

lacking, suggesting that this requirement is overdue. 

Subsection (b) authorizes this training for members of the Civil 

Service having similar responsibilities. Subsection (c) authorizes 

appropriations as may be necessary to develop appropriate programs and materials necessary to accomplish the mandatory training. Subsection (d) makes clerical amendments to the Foreign Service Act of 1980. Subsection (e) provides for a one-time report on 

how this section is being implemented. 

Section 108. Performance Pay; Promotions; Foreign Service Awards. 

Subsection (a) enables meritorious or distinguished service in the 

promotion of democracy in foreign countries to be a basis for 

awarding performance pay to Foreign Service Officers. Subsection 

(b) makes evaluation of an officer’s promotion of democracy in foreign countries a basis for promotion in the Foreign Service. Subsection (c) requires that the Secretary shall prescribe regulations 

regarding the implementation of subsections (a) and (b). Subsection 

(d) authorizes Foreign Service awards in the instance of distinguished or meritorious service in the promotion of democracy, including contact with and support of individuals and nongovernmental organizations that promote democracy in countries designated as nondemocratic in the most recent Annual Report on Democracy. 

Section 109. Appointments. 

This section requires that Chiefs of Mission assigned to countries 

designated as nondemocratic should possess clearly demonstrated 

competence in and commitment to the promotion of democracy, including competence in promoting democracy to students and young 

people. 

TITLE II—COOPERATION WITH OTHER DEMOCRATIC COUNTRIES. 

Title II recognizes that the United States’ efforts to strengthen 

and promote democracy in nondemocratic countries are best conducted in cooperation with other democratic countries. 

Section 201. Cooperation with Other Democratic Countries. 

Subsection (a) expresses congressional findings that it is in the 

national security interest of the United States to forge alliances 

with democratic countries to promote democracy and protect fundamental freedoms around the world. Subsection (b) establishes the 

purposes of Title II as encouraging cooperation between democratic 

countries through new ways of forging alliances with democratic 

countries that promote and protect democratic principles, practices, 


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14 

and values. Subsection (c) expresses the sense of Congress that any 

nondemocratic country should not participate in any alliance of 

democratic countries. 

Section 202. Strengthening the Community of Democracies. 

Subsection (a) expresses the sense of Congress that the Community of Democracies should establish a more formal mechanism for 

carrying out work between ministerial meetings, such as through 

the creation of a permanent secretariat with an appropriate staff 

and should establish a headquarters. Subsection (b) authorizes the 

Secretary to detail personnel to such a secretariat or any country 

that is a member of the Convening Group of the Community of Democracies. Subsection (c) expresses the sense of Congress that regional groups within the Community of Democracies should be 

strengthened. Subsection (d) urges the President to assist Hungary 

and other European countries to establish a Democracy Transition 

Center, including providing grants or voluntary contributions to develop, adopt, and pursue programs and campaigns to promote the 

peaceful transition to democracy in non-democratic countries. It 

also authorizes $3,000,000 over the next three fiscal years toward 

the assessment of the United States for the establishment of the 

Democracy Transition Center. 

Section 203. Initiatives at the United Nations. 

Consistent with the findings in the Intelligence Reform and Terrorism Prevention Act of 2004, subsection (a) expresses that 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 other international institutions 

will not only improve internal governance but will also strengthen 

the implementation of commitments regarding democracy and 

human rights at such organizations. 

Subsection (b) expresses 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 UN Democracy Fund. 

It also authorizes such sums as may be necessary for a United 

States Contribution to such fund for each of the fiscal years 2008 

and 2009. 

TITLE III—FUNDING FOR PROMOTION OF DEMOCRACY. 

Title III authorizes appropriations to nongovernmental organizations and individuals working to transition nondemocratic countries to democracy. 

Section 301. Policy. 

This section makes it the policy of the United States to provide 

financial assistance to qualified nongovernmental organizations 

and individuals for the purpose of promoting democracy in countries categorized as nondemocratic in the most recent Annual Report on Democracy. 

Section 302. Human Rights and Democracy Fund. 

This section states that it is the sense of congress that the 

Human Rights and Democracy Fund (HRDF), established pursuant 

to the Freedom Investment Act of 2002, should continue to be used 


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for innovative approaches to promoting democracy and human 

rights and to support the strategies developed in nondemocratic 

and democratic transition countries as required by the amendments in section 102(a) (1). The HRDF provides critical support for 

unique projects that promote democracy and human rights in foreign countries of special significance to the United States. The 

Committee notes that under the Department’s new Strategic 

Framework for Foreign Assistance, the HRDF may be programmed 

for each country, effectively reducing the independence of the 

HRDF and constraining it from exploiting emerging opportunities. 

The Committee strongly believes that the HRDF should remain a 

flexible instrument and that there should be reserves to exploit 

such opportunities. In this connection, a number of members of the 

Committee are concerned that under the new strategic framework 

for foreign assistance, the Director of Foreign Assistance may be directing specific country-by-country programming for the HRDF. 

The Committee strongly believes that such programming could undermine the HRDF’s flexibility and widespread support for the program. 

For example, the Committee strongly urges that the Department 

through the HRDF or through other democracy assistance programming should affirmatively seek out and offer significant support to technologies capable of defeating the ability of nondemocratic governments to target and undermine democratic reformers 

by monitoring or censoring the internet. In the Committee’s view, 

technologies that have been successfully field tested, are adaptable 

for use in different countries, have demonstrated the capacity to 

survive in a hostile environment, can support not only web sites 

but other methods of internet communication such as emails, instant messaging, and video streaming, and can provide a safe environment which is difficult to monitor for services such as web portals, search engines and blogs do not fall into the ambit of any one 

country program but are critical to the success of global democracy 

and human rights activities; in the Committee’s view, the free exchange of information and communication are essential tools to advance the spread of democracy in the 21st century. Further, the 

need for such support has been made all the more critical by recent 

initiatives mounted by such nondemocratic governments as the 

governments of Cuba, China and Russia to escalate their current 

efforts to prevent the internet from being used by individuals that 

advocate for human rights and democracy and to engage in greatly 

enhanced criminally prosecutions of persons engaged in free use of 

the internet. 

Subsection (b) authorizes funds from the Human Rights and Democracy Fund to be made to qualified nongovernmental organizations and individuals in foreign countries notwithstanding any 

other provision of law. Subsection (c) requires the Assistant Secretary of State for Democracy, Human Rights, and Labor to submit 

at the end of each fiscal year to the appropriate Congressional 

Committees an annual report on the status of the Human Rights 

and Democracy Fund, which includes: An identification of each organization or individual receiving assistance; a summary of the activities of each recipient; an account of projects funded and outside 

contributions received; and a balance sheet of income and outlays. 

Subsection (d) authorizes appropriations to the Human Rights and 


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Democracy Fund of $50,000,000 for fiscal year 2008 and 

$60,000,000 for fiscal year 2009. It also authorizes that funds may 

be used for administrative expenses and that the HRDF can receive funds from other sources. 

Section 303. Instruments for Providing for Democracy Assistance. 

This section addresses the issue of different instruments for delivering U.S. democracy assistance. U.S non-governmental organizations, such as the National Democratic Institute, the International Republican Institute, the Solidarity Center, and the Center for Individual and Private Enterprise, routinely retain staff for 

long periods of time and therefore develop long-term relationships 

with democratic reformers, building up a level of trust that leads 

to more constructive cooperation. This is particularly true in the 

areas of civil society, political parties, and the development of political skills by members of parliament. In addition, because these organizations have sources of funds outside the U.S. Government, 

they can continue relationships with such reformers even if U.S. 

Government funding becomes disrupted. Finally, supporting nongovernmental organizations can often distance the United States 

from assistance, allowing some reformers to work with U.S. nongovernmental organizations when they would not work directly 

with the United States because of domestic political factors. 

Private sector for-profit enterprises have comparative advantages 

in other areas of democracy promotion. Where the U.S. is working 

directly with a foreign government in fostering the independence of 

the judiciary, providing modern infrastructure for parliaments, and 

increasing the capacity of executive auditing functions to create 

greater transparency, for-profit enterprises can often bring critical 

expertise where long-term relationships are less important. It is 

critical that such enterprises remain involved but that their use is 

channeled to areas where they can perform best. However, because 

much program design is going on in the field, officers with less experience in these distinctions do not have a sense when each such 

mechanism is most efficient. 

Subsection (a) provides findings reflecting the Committee’s views 

described above. Subsection (b) provides that the Secretary of State 

and the Administrator of USAID should develop guidelines, in consultation with the appropriate committees of Congress, and building on existing guidelines, to clarify the appropriate roles for nongovernmental organizations and contractors with respect to democracy assistance. 

TITLE IV—PRESIDENTIAL ACTIONS. 

Section 401. Investigation of Violations of International Humanitarian Law. 

This section requires the President to collect information regarding incidents that may constitute crimes against humanity and report annually to the appropriate Congressional Committees any information collected. It requires that the President consider what 

actions he can take to hold such individuals accountable, including 

enhancing the capacity of U.S. diplomatic missions to implement 

restrictions on assistance to individuals and entities that commit 

gross violations of U.S. law (such as the so-called Leahy AmendVerDate Aug 31 2005 10:32 May 03, 2007 Jkt 059006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6601 E:\HR\OC\HR119.XXX HR119

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ment), such as through training on the use of existing databases 

for documenting and monitoring such violations. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

SECTION 1 OF THE STATE DEPARTMENT BASIC 

AUTHORITIES ACT OF 1956 

ORGANIZATION OF THE DEPARTMENT OF STATE

SECTION 1. (a) * * * 

* * * * * * * 

(c) ASSISTANT SECRETARIES.—

(1) * * * 

(2) ASSISTANT SECRETARY OF STATE FOR DEMOCRACY, 

HUMAN RIGHTS, AND LABOR.—(A) There shall be in the Department of State an Assistant Secretary of State for Democracy, 

Human Rights, and Labor who shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of 

war and members of the United States Armed Forces missing 

in action) in the conduct of foreign policy and such other related duties as the Secretary may from time to time designate. 

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. The 

Secretary of State shall carry out the Secretary’s responsibility 

under section 502B of the Foreign Assistance Act of 1961 

through the Assistant Secretary. 

* * * * * * * 

FREEDOM INVESTMENT ACT OF 2002 

Subtitle E—Freedom Investment Act of 

2002 

SEC. 661. SHORT TITLE. 

This subtitle may be cited as the ‘‘Freedom Investment Act of 

2002’’. 

* * * * * * * 


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SEC. 663. HUMAN RIGHTS ACTIVITIES AT THE DEPARTMENT OF 

STATE. 

(a) INCREASING RESOURCES AND IMPORTANCE OF HUMAN

RIGHTS.—It is the sense of Congress that—

(1) the budget for the Bureau of Democracy, Human 

Rights, and Labor for fiscal years 2003 and 2004 should be 

substantially increased so that beginning in fiscal year 2005, 

and each fiscal year thereafter, not less than 1 percent of the 

amounts made available to the Department under the heading 

‘‘Diplomatic and Consular Programs’’, other than amounts 

made available for worldwide security upgrades and information resource management, should be made available for salaries and expenses of the Bureau of Democracy, Human Rights, 

and Labor; øand¿ 

(2) any assignment of an individual to a political officer position at a United States mission abroad that has the primary 

responsibility for ømonitoring human rights developments in a 

foreign country should be made upon the recommendation¿ 

monitoring and promoting democracy and human rights in a 

foreign country should be made after consultation with and 

upon the recommendation of the Assistant Secretary of State 

for Democracy, Human Rights, and Labor in conjunction with 

the head of the Department’s regional bureau having primary 

responsibility for that countryø.¿; and 

(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. 

* * * * * * * 

SEC. 665. REPORTS ON ACTIONS TAKEN BY THE UNITED STATES TO 

ENCOURAGE RESPECT FOR HUMAN RIGHTS. 

(a) * * * 

* * * * * * * 

(c) SEPARATE REPORT.—The information to be included in the 

report required by sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 pursuant to the amendments made by subsections (a) and (b) may be submitted by the Secretary as a separate report. øIf the Secretary elects to submit such information as 

a separate report, such report shall be submitted not later than 30 

days after the date of submission of the report required by section 

116(d) and 502B(b) of the Foreign Assistance Act of 1961.¿ 

* * * * * * * 

FOREIGN ASSISTANCE ACT OF 1961 

* * * * * * * 

PART I 

CHAPTER 1—POLICY; DEVELOPMENT ASSISTANCE AUTHORIZATIONS

* * * * * * * 


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SEC. 116. HUMAN RIGHTS.—(a) * * * 

* * * * * * * 

(d) The Secretary of State shall transmit to the Speaker of the 

House of Representatives and the Committee on Foreign Relations 

of the Senate, by February 25 of each year, a full and complete report regarding—

(1) * * * 

* * * * * * * 

ø(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, the extent to which the United States has taken or will take action 

to encourage an end to such practices in the country; and¿ 

ø(11)¿ (10)(A) wherever applicable, a description of the nature and extent— (i) * * * 

* * * * * * * 

(C) such other information related to the use by such government of individuals under the age of 18 as soldiers, as determined to be appropriate by the Secretaryø.¿; and 

(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 


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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. 

* * * * * * * 

(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. 

* * * * * * * 

PART II 

CHAPTER 1—POLICY

* * * * * * * 

SEC. 502B. HUMAN RIGHTS.—(a) * * * 

(b) The Secretary of State shall transmit to the Congress, as 

part of the presentation materials for security assistance programs 

proposed for each fiscal year, a full and complete report, prepared 

with the assistance of the Assistant Secretary of State for Democracy, Human Rights, and Labor and with the assistance of the Ambassador at Large for International Religious Freedom, with respect to practices regarding the observance of and respect for internationally recognized human rights in each country proposed as a 


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recipient of security assistance. Wherever applicable, such report 

shall include consolidated information regarding the commission of 

war crimes, crimes against humanity, and evidence of acts that 

may constitute genocide (as defined in article 2 of the Convention 

on the Prevention and Punishment of the Crime of Genocide and 

modified by the United States instrument of ratification to that 

convention and section 2(a) of the Genocide Convention Implementation Act of 1987). Wherever applicable, such report shall include 

information on practices regarding coercion in population control, 

including coerced abortion and involuntary sterilization. Such report shall also include, wherever applicable, information on violations of religious freedom, including particularly severe violations 

of religious freedom (as defined in section 3 of the International Religious Freedom Act of 1998). Wherever applicable, a description of 

the nature and extent of acts of anti-Semitism and anti-Semitic incitement that occur, including the descriptions of such acts required under section 116(d)(8). øSuch 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, the extent to which the United 

States has taken or will take action to encourage an end to such 

practices in the country.¿ 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. 

Each report under this section shall list the votes of each member 

of the United Nations Commission on Human Rights on all country-specific and thematic resolutions voted on at the Commission’s 

annual session during the period covered during the preceding 

year. Each report under this section shall describe the extent to 

which each country has extended protection to refugees, including 

the provision of first asylum and resettlement. Each report under 

this section shall also include (i) wherever applicable, a description 

of the nature and extent of the compulsory recruitment and conscription of individuals under the age of 18 by armed forces of the 

government of the country, government-supported paramilitaries, 

or other armed groups, the participation of such individuals in such 

groups, and the nature and extent that such individuals take a direct part in hostilities, (ii) what steps, if any, taken by the government of the country to eliminate such practices, and (iii) such other 

information related to the use by such government of individuals 

under the age of 18 as soldiers, as determined to be appropriate by 

the Secretary of State. In determining whether a government falls 

within the provisions of subsection (a)(3) and in the preparation of 

any report or statement required under this section, consideration 

shall be given to—

(1) the relevant findings of appropriate international organizations, including nongovernmental organizations, such as 

the International Committee of the Red Cross; and 

(2) the extent of cooperation by such government in permitting an unimpeded investigation by any such organization 


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of alleged violations of internationally recognized human 

rights. 

* * * * * * * 

FOREIGN SERVICE ACT OF 1980 

* * * * * * * 

TITLE I—THE FOREIGN SERVICE OF THE UNITED STATES 

* * * * * * * 

CHAPTER 3—APPOINTMENTS

SEC. 304. APPOINTMENT OF CHIEFS OF MISSION.—(a)(1) An individual appointed or assigned to be a chief of mission should possess clearly demonstrated competence to perform the duties of a 

chief of mission, including, to the maximum extent practicable, a 

useful knowledge of the principal language or dialect of the country 

in which the individual is to serve, and knowledge and understanding of the history, the culture, the economic and political institutions, and the interests of that country and its people. 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. 

* * * * * * * 

CHAPTER 4—COMPENSATION

* * * * * * * 

SEC. 405. PERFORMANCE PAY.—(a) * * * 

* * * * * * * 

(d) The President may grant awards of performance pay under 

subsection (b)(3) on the basis of annual recommendations by the 

Secretary of State of members of the Senior Foreign Service who 

are nominated by their agencies as having performed especially 

meritorious or distinguished service. Such service in the promotion 

of internationally recognized human rights, including the right to 

freedom of religion, shall serve as a basis for granting awards 

under this section. 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. Recommendations by the Secretary of State under this 

subsection shall be made on the basis of recommendations by special interagency selection boards established by the Secretary of 


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State for the purpose of reviewing and evaluating the nominations 

of agencies. 

* * * * * * * 

CHAPTER 6—PROMOTION AND RETENTION

* * * * * * * 

SEC. 603. BASIS FOR SELECTION BOARD REVIEW.—(a) * * * 

(b)(1) Precepts for selection boards shall include a description 

of the needs of the Service for performance requirements, skills, 

and qualities, which are to be considered in recommendations for 

promotion. The precepts for selection boards responsible for recommending promotions into and within the Senior Foreign Service 

shall emphasize performance which demonstrates the strong policy 

formulation capabilities, executive leadership qualities, and highly 

developed functional and area expertise, which are required for the 

Senior Foreign Service. The precepts for selection boards shall include, whether the member of the Service or the member of the 

Senior Foreign Service, as the case may be, has demonstrated— (1) a willingness and ability to explain United States policies in person and through the media when occupying positions 

for which such willingness and ability is, to any degree, an element of the member’s duties, or 

(2) other experience in public diplomacy. 

(2) Precepts for selection boards shall also, where applicable, include a specific precept evaluating whether members of 

the Service and members of the Senior Foreign Service have 

met the standards of performance established by the Secretary 

pursuant to section 108(c) of the ADVANCE Democracy Act of 

2007, or have served in a position in which the primary responsibility is to monitor or promote democracy or human rights. 

* * * * * * * 

SEC. 614. FOREIGN SERVICE AWARDS.—The President shall establish a system of awards to confer appropriate recognition of outstanding contributions to the Nation by members of the Service. 

The awards system established under this section shall provide for 

presentation by the President and by the Secretary of medals or 

other suitable commendations for performance in the course of or 

beyond the call of duty which involves distinguished, meritorious 

service to the Nation, including extraordinary valor in the face of 

danger to life or health. Distinguished, meritorious service in the 

promotion of internationally recognized human rights, including 

the right to freedom of religion, shall serve as a basis for granting 

awards under this section. 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. 

* * * * * * * 

CHAPTER 7—CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

* * * * * * * 


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SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS. 

ø(a) The¿ (a) TRAINING ON HUMAN RIGHTS.—The Secretary of 

State, with the assistance of other relevant officials, such as the 

Ambassador at Large for International Religious Freedom appointed under section 101(b) of the International Religious Freedom Act of 1998, the Director of the Office to Monitor and Combat 

Trafficking, and the director of the George P. Shultz National Foreign Affairs Training Center, shall establish as part of the standard training provided after January 1, 1999, for officers of the 

Service, including chiefs of mission, instruction in the field of internationally recognized human rights. Such training shall include—

(1) * * * 

* * * * * * * 

ø(b) The¿ (b) TRAINING ON REFUGEE LAW AND RELIGIOUS PERSECUTION.—The Secretary of State shall provide sessions on refugee law and adjudications and on religious persecution to each individual seeking a commission as a United States consular officer. 

The Secretary shall also ensure that any member of the Service 

who is assigned to a position that may be called upon to assess requests for consideration for refugee admissions, including any consular officer, has completed training on refugee law and refugee adjudications in addition to the training required in this section. 

(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. 


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(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. 

* * * * * * * 

Æ 


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