```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2003 Referred in Senate (RFS)]

  1st Session
                                H. R. 2003

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2007

     Received; read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 AN ACT

 
 To encourage and facilitate the consolidation of peace and security, 
 respect for human rights, democracy, and economic freedom in Ethiopia.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ethiopia Democracy and 
Accountability Act of 2007''.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) support the advancement of human rights, democracy, 
        independence of the judiciary, freedom of the press, 
        peacekeeping capacity building, and economic development in the 
        Federal Democratic Republic of Ethiopia;
            (2) seek the unconditional release of all political 
        prisoners and prisoners of conscience in Ethiopia;
            (3) foster stability, democracy, and economic development 
        in the region;
            (4) support humanitarian assistance efforts, especially in 
        the Ogaden region;
            (5) collaborate with Ethiopia in the Global War on Terror; 
        and
            (6) strengthen United States-Ethiopian relations based on 
        the policy objectives specified in paragraphs (1) through (5).

SEC. 3. SUPPORT FOR HUMAN RIGHTS IN ETHIOPIA.

    The Secretary of State shall--
            (1) provide financial support to local and national human 
        rights groups and other relevant civil society organizations to 
        help strengthen human rights monitoring and regular reporting 
        on human rights conditions in Ethiopia;
            (2) provide legal support, as needed, for political 
        prisoners and prisoners of conscience in Ethiopia and assist 
        local, national, and international groups that are active in 
        monitoring the status of political prisoners and prisoners of 
        conscience in Ethiopia;
            (3) seek to promote and bolster the independence of the 
        Ethiopian judiciary through--
                    (A) facilitation of joint discussions between court 
                personnel, officials from the Ethiopian Ministry of 
                Justice, relevant members of the legislature, and civil 
                society representatives on international human rights 
                standards; and
                    (B) encouraging exchanges between Ethiopian and 
                United States jurists, law schools, law professors, and 
                law students, especially in legal fields such as 
                constitutional law, role of the judiciary, due process, 
                political and voting rights, criminal law and 
                procedure, and discrimination;
            (4) establish a program, in consultation with Ethiopian 
        civil society, to provide for a judicial monitoring process, 
        consisting of indigenous organizations, international 
        organizations, or both, to monitor judicial proceedings 
        throughout Ethiopia, with special focus on unwarranted 
        government intervention on matters that are strictly judicial 
        in nature, and to report on actions needed to strengthen an 
        independent judiciary;
            (5) establish a program, in consultation with Ethiopian 
        civil society, and provide support to other programs, to 
        strengthen independent media in Ethiopia, including training, 
        and technical support;
            (6) expand the Voice of America's Ethiopia program;
            (7) support efforts of the international community to gain 
        full and unfettered access to the Ogaden region for--
                    (A) humanitarian assistance organizations; and
                    (B) independent human rights experts; and
            (8) work with appropriate departments and agencies of the 
        Government of the United States and appropriate officials of 
        foreign governments--
                    (A) to identify members of the Mengistu Haile 
                Mariam regime and officials of the current Government 
                of Ethiopia who were engaged in gross human rights 
                violations, including those individuals who may be 
                residing in the United States; and
                    (B) to support and encourage the prosecution of 
                individuals identified under subparagraph (A) in the 
                United States or Ethiopia.

SEC. 4. SUPPORT FOR DEMOCRATIZATION IN ETHIOPIA.

    (a) Strengthening Local, Regional, and National Democratic 
Processes.--The Secretary of State shall--
            (1) provide assistance to strengthen local, regional, and 
        national parliaments and governments in Ethiopia, as needed;
            (2) establish a program focused on reconciliation efforts 
        between the Government of Ethiopia and political parties, 
        including in minority communities, in preparation for 
        negotiation and for participation in the political process; and
            (3) provide training for civil society groups in election 
        monitoring in Ethiopia.
    (b) Democracy Enhancement.--
            (1) Assistance.--United States technical assistance for 
        democracy promotion in Ethiopia should be made available to all 
        political parties and civil society groups in Ethiopia.
            (2) Restriction.--
                    (A) In general.--Nonessential United States 
                assistance shall not be made available to the 
                Government of Ethiopia if the Government of Ethiopia 
                acts to obstruct United States technical assistance to 
                advance human rights, democracy, independence of the 
                judiciary, freedom of the press, economic development, 
                and economic freedom in Ethiopia.
                    (B) Definition.--In this paragraph, the term 
                ``nonessential United States assistance'' means 
                assistance authorized under any provision of law, other 
                than humanitarian assistance, food aid programs, 
                assistance to combat HIV/AIDS and other health care 
                assistance, peacekeeping assistance, and counter-
                terrorism assistance.

SEC. 5. ENSURING GOVERNMENT SUPPORT FOR HUMAN RIGHTS, DEMOCRACY, AND 
              ECONOMIC DEVELOPMENT IN ETHIOPIA.

    (a) Limitation on Security Assistance; Travel Restrictions.--
            (1) Limitation on security assistance.--
                    (A) In general.--Except as provided in subparagraph 
                (B), security assistance shall not be provided to 
                Ethiopia until such time as the certification described 
                in paragraph (3) is made in accordance with such 
                paragraph.
                    (B) Exception.--Subparagraph (A) shall not apply 
                with respect to peacekeeping assistance, counter-
                terrorism assistance, or international military 
                education and training for civilian personnel under 
                section 541 of the Foreign Assistance Act of 1961 
                (commonly referred to as ``Expanded IMET''). 
                Peacekeeping or counter-terrorism assistance provided 
                to Ethiopia shall not be used for any other security-
                related purpose or to provide training to security 
                personnel or units against whom there is credible 
                evidence of gross human rights abuses or violations.
            (2) Travel restrictions.--Beginning on the date that is 60 
        days after the date of the enactment of this Act and until such 
        time as the certification described in paragraph (3) is made in 
        accordance with such paragraph, the President shall deny a visa 
        and entry into the United States to--
                    (A) any official of the Government of Ethiopia--
                            (i) who has been involved in giving orders 
                        to use lethal force against peaceful 
                        demonstrators or police officers in Ethiopia; 
                        or
                            (ii) against whom there is credible 
                        evidence of gross human rights abuses or 
                        violations;
                    (B) security personnel of the Government of 
                Ethiopia who were involved in the June or November 2005 
                shootings of demonstrators;
                    (C) security personnel responsible for murdering 
                Etenesh Yemam; and
                    (D) security personnel responsible for murdering 
                prisoners at Kaliti prison in the aftermath of the 
                election violence in 2005.
            (3) Certification.--The certification described in this 
        paragraph is a certification by the President to Congress that 
        the Government of Ethiopia is making credible, quantifiable 
        efforts to ensure that--
                    (A) all political prisoners and prisoners of 
                conscience in Ethiopia have been released, their civil 
                and political rights restored, and their property 
                returned;
                    (B) prisoners held without charge or kept in 
                detention without fair trial in violation of the 
                Constitution of Ethiopia are released or receive a fair 
                and speedy trial, and prisoners whose charges have been 
                dismissed or acquitted and are still being held are 
                released without delay;
                    (C) the Ethiopian judiciary is able to function 
                independently and allowed to uphold the Ethiopian 
                Constitution and international human rights standards;
                    (D) security personnel involved in the unlawful 
                killings of demonstrators and others, including Etenesh 
                Yemam, and Kaliti prisoners are held accountable;
                    (E) family members, friends, legal counsel, medical 
                personnel, human rights advocates, and others have 
                access, consistent with international law, to visit 
                detainees in Ethiopian prisons;
                    (F) print and broadcast media in Ethiopia are able 
                to operate free from undue interference and laws 
                restricting media freedom, including sections of the 
                Ethiopian Federal Criminal Code, are revised;
                    (G) licensing of independent radio and television 
                in Ethiopia is open and transparent;
                    (H) Internet access is not restricted by the 
                government and the ability of citizens to freely send 
                and receive electronic mail and otherwise obtain 
                information is guaranteed;
                    (I) the National Election Board (NEB) includes 
                representatives of political parties with seats in the 
                Ethiopian Parliament and the NEB functions 
                independently in its decision-making;
                    (J) representatives of international human rights 
                organizations engaged in human rights monitoring work, 
                humanitarian aid work, or investigations into human 
                rights abuses in Ethiopia are admitted to Ethiopia and 
                allowed to undertake their work in all regions of the 
                country without undue restriction; and
                    (K) Ethiopian human rights organizations are able 
                to operate in an environment free of harassment, 
                intimidation, and persecution.
            (4) Waiver.--
                    (A) In general.--The President may waive the 
                application of paragraph (1) or (2) on a case-by-case 
                basis if the President determines that such a waiver is 
                in the national security interests of the United 
                States.
                    (B) Notification.--Prior to granting a waiver under 
                the authority of subparagraph (A), the President shall 
                transmit to Congress a notification that includes the 
                reasons for the waiver.
    (b) Treatment of Political Prisoners and Prisoners of Conscience.--
            (1) In general.--The President, the Secretary of State, and 
        other relevant officials of the Government of the United States 
        shall call upon the Government of Ethiopia to immediately--
                    (A) release any and all remaining political 
                prisoners and prisoners of conscience, especially 
                prisoners held without charge; and
                    (B) allow full and unfettered access to the Ogaden 
                region by humanitarian aid organizations and 
                international human rights investigators.
            (2) Torture victim relief.--While it is the responsibility 
        of the Government of Ethiopia to compensate the victims of 
        unlawful imprisonment and torture and their families for their 
        suffering and losses, the President shall provide assistance 
        for the rehabilitation of victims of torture in Ethiopia at 
        centers established for such purposes pursuant to section 130 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2152).
    (c) Sense of Congress.--It is the sense of Congress that the 
Government of the United States should--
            (1) encourage the Government of Ethiopia to enter into 
        discussions with opposition political groups interested in 
        reconciliation in order to bring such groups into full 
        participation in the political and economic affairs of 
        Ethiopia, including their legalization as political parties, 
        and provide such assistance as is warranted and necessary to 
        help achieve the goal described in this paragraph; and
            (2) provide assistance to promote the privatization of 
        government owned or controlled industries and properties in 
        Ethiopia.

SEC. 6. SUPPORT FOR ECONOMIC DEVELOPMENT IN ETHIOPIA.

    (a) Resource Policy Assistance.--The President, acting through the 
Administrator of the United States Agency for International Development 
and in cooperation with the World Bank and other donors, shall provide 
assistance, as needed, for sustainable development of Ethiopia's Nile 
and Awash River resources, including assistance to help Ethiopia with 
the technology necessary for the construction of irrigation systems and 
hydroelectric power that might prevent future famine.
    (b) Health Care Assistance.--The President, acting through the 
Administrator of the United States Agency for International 
Development, shall provide material support to hospitals, clinics, and 
health care centers in Ethiopia, especially hospitals, clinics, and 
health care centers in rural areas.

SEC. 7. REPORT.

    Not later than 180 days after the date of the enactment of this 
Act, the President shall transmit to Congress a report on the 
implementation of this Act, including a description of a comprehensive 
plan to address issues of security, human rights, including in the 
Ogaden region, democratization, and economic freedom that potentially 
threaten the stability of Ethiopia.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act $20,000,000 for each of the fiscal years 2008 and 2009.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.

            Passed the House of Representatives October 2, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```