II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Advance Democratic Values, Address Nondemocratic 

4 Countries, and Enhance Democracy Act of 2005’’ or the 

5 ‘‘ADVANCE Democracy Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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 
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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 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) All human beings are created equal and 

4 possess certain rights and freedoms, including the 

5 fundamental right to participate in the political life 

6 and government of their respective countries. These 

7 inalienable rights are recognized in the Declaration 

8 of Independence of the United States and in the 

9 Universal Declaration of Human Rights of the 

10 United Nations. 

11 (2) Political legitimacy derives from the consent 

12 of the governed, whether expressed directly or 

13 through representatives chosen by free, fair, and 

14 open elections. 

15 (3) In his Inaugural Address and State of the 

16 Union Address, President George W. Bush upheld 

17 the pursuit of freedom as the driving ideal of the 

18 foreign policy of the United States and made clear 

19 that the best way to defend freedom is to spread lib20 erty to the places where tyranny thrives, opportunity 

21 is stifled, and terrorism grows. 
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1 (4) The right to democracy was affirmed as a 

2 human right by the United Nations Commission on 

3 Human Rights on April 27, 1999, by a vote of 50- 

4 0 with only two abstentions. The resolution recog5 nized that democracy is based on free, fair, and open 

6 elections, a foundation of open and transparent civil 

7 institutions, an independent judiciary, the rule of 

8 law, a free press, the right of peaceful assembly, the 

9 freedom of religion, and the right of every citizen to 

10 participate fully in the political life of the citizen’s 

11 country. 

12 (5) Over the past three decades, the number of 

13 fully democratic countries has more than doubled to 

14 89 from 41, while the number of countries governed 

15 by a dictator or a totalitarian government decreased 

16 by 37 percent, often as a result of nonviolent resist17 ance by the peoples of such countries, aided by sup18 port from democratic countries. 

19 (6) According to the annual Freedom in the 

20 World report published by Freedom House (an an21 nual comparative assessment of the state of political 

22 rights and civil liberties in 192 countries and 18 re23 lated and disputed territories), 75 percent of the 

24 population of the world currently lives in countries 
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1 categorized as ‘‘entirely free’’ or ‘‘partly free’’, as 

2 opposed to only 57 percent in 1973. 

3 (7) These changes have been achieved in part 

4 through sustained and comprehensive efforts by 

5 democratic countries, including the United States 

6 and the democratic countries of Europe, to support 

7 dissidents and democracy activists in non-democratic 

8 countries. 

9 (8) The continued lack of democracy, freedom, 

10 and fundamental human rights in some countries is 

11 inconsistent with the universal values on which the 

12 United States is based, the promotion of which com13 prises a fundamental element of United States for14 eign policy. 

15 (9) The continued lack of democracy, freedom, 

16 and fundamental human rights in some countries 

17 also poses a security threat to the United States, its 

18 interests, and its friends, as it is in such countries 

19 that radicalism, extremism, and terrorism can flour20 ish. 

21 (10) There is a correlation between nondemo22 cratic rule and other threats to international peace 

23 and security, including war, genocide, famine, pov24 erty, drug trafficking, corruption, refugee flows, 

25 human trafficking, religious persecution, environ-
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1 mental degradation, and discrimination against 

2 women. 

3 (11) Wars between or among democratic coun4 tries are exceedingly rare, while wars between and 

5 among nondemocratic countries are commonplace, 

6 with nearly 170,000,000 people having lost their 

7 lives because of the policies of totalitarian govern8 ments. 

9 (12) There is a strong correlation between non10 democratic rule and famine. 

11 (13) Seventy-seven percent of refugees in the 

12 world come from countries that lack electoral democ13 racy. 

14 (14) In nondemocratic countries, women are 

15 often exposed to particular hardships and a lack of 

16 opportunity, and trafficking in women and children 

17 often flourishes. 

18 (15) There is a positive correlation between eco19 nomic and political freedom and preservation of the 

20 environment. 

21 (16) A world that fully reflects fundamental 

22 human and political rights would be free of dictator23 ship. Such a world would be profoundly safer and 

24 more just, peaceful, prosperous, and stable. Coun25 tries that lack freedom and democracy necessarily 
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1 limit the full flourishing of human potential and, as 

2 such, a goal of United States foreign policy is to 

3 promote universal democracy. 

4 (17) The transition to democracy must be led 

5 from within nondemocratic countries and by nation6 als of such countries who live abroad. Nevertheless, 

7 democratic countries have a number of instruments 

8 available for supporting democratic reformers who 

9 are committed to promoting effective, nonviolent 

10 change in nondemocratic countries. 

11 (18) United States efforts to promote democ12 racy in countries where it is lacking can be strength13 ened. A full evaluation of United States funds ex14 pended for the support of democracy is necessary to 

15 ensure an efficient and effective use of such funds. 

16 (19) In 2002, Congress passed the Freedom In17 vestment Act of 2002 (subtitle E of title VI of divi18 sion A of the Foreign Relations Authorization Act, 

19 Fiscal Year 2003) to increase the focus on pro20 moting human rights and democracy as an element 

21 of United States foreign policy. 

22 (20) United States ambassadors and diplomats 

23 can play a critical role in the effort to promote de24 mocracy by publicly demonstrating support for 

25 democratic principles, by discussing democratic, so-
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1 cial, and economic freedoms with citizens and lead2 ers of non-democratic countries, and by building re3 lationships with citizens that promote democratic 

4 principles, practices, and values. United States mis5 sions in non-democratic countries are potential ‘‘is6 lands of freedom’’ in such countries. Training and 

7 incentives are needed to assist United States offi8 cials in strengthening the techniques and skills re9 quired to promote democracy. 

10 (21) Nongovernmental organizations and pri11 vate individuals and movements also play a vital role 

12 in promoting democracy, and the United States 

13 must expand its support of such organizations, indi14 viduals, and movements. 

15 (22) The promotion of democracy requires a 

16 broad-based effort with collaboration between all 

17 democratic countries. One forum for advancing this 

18 effort is the Community of Democracies, which first 

19 met in Warsaw, Poland, in June 2000, and which is 

20 scheduled to meet in 2005 in Santiago, Chile. 

21 (23) The promotion of such universal democ22 racy constitutes a long-term challenge that does not 

23 always lead to an immediate transition to full de24 mocracy, but universal democracy is achievable. 
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1 SEC. 3. STATEMENT OF POLICY. 

2 It shall be the policy of the United States — 

3 (1) to promote freedom and democracy in for4 eign countries as a fundamental component of 

5 United States foreign policy; 

6 (2) to affirm fundamental freedoms and human 

7 rights in foreign countries and to condemn offenses 

8 against those freedoms and rights as a fundamental 

9 component of United States foreign policy; 

10 (3) to use all instruments of United States in11 fluence to support, promote, and strengthen demo12 cratic principles, practices, and values in foreign 

13 countries, including the right to free, fair, and open 

14 elections, secret balloting, and universal suffrage; 

15 (4) to protect and promote fundamental polit16 ical, social, and economic freedoms and rights, in17 cluding the freedom of association, of expression, of 

18 the press, and of religion, and the right to own pri19 vate property; 

20 (5) to protect and promote respect for and ad21 herence to the rule of law in foreign countries; 

22 (6) to provide appropriate support to organiza23 tions, individuals, and movements located in non24 democratic countries that aspire to live in freedom 

25 and establish full democracy in such countries; 
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1 (7) to provide, political, economic, and other 

2 support to foreign countries that are willingly under3 taking a transition to democracy; 

4 (8) to commit United States foreign policy to 

5 the long-term challenge of promoting universal de6 mocracy; and 

7 (9) to strengthen alliances and relationships 

8 with other democratic countries in order to better 

9 promote and defend shared values and ideals. 

10 SEC. 4. DEFINITIONS. 

11 In this Act: 

12 (1) ANNUAL REPORT ON DEMOCRACY.—The 

13 term ‘‘Annual Report on Democracy’’ means the An14 nual Report on Democracy required under section 

15 102(b). 

16 (2) ANNUAL REPORT ON THE STATUS OF

17 DEMOCRATIC ALLIANCES OF THE UNITED STATES.— 

18 The term ‘‘Annual Report on the Status of Demo19 cratic Alliances of the United States’’ means the An20 nual Report on the Status of Democratic Alliances 

21 of the United States required under section 206(a). 

22 (3) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional com24 mittees’’ means— 
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1 (A) the Committee on International Rela2 tions of the House of Representatives; and 

3 (B) the Committee on Foreign Relations of 

4 the Senate. 

5 (4) COMMUNITY OF DEMOCRACIES AND COMMU6 NITY.—The terms ‘‘Community of Democracies’’ 

7 and ‘‘Community’’ mean the association of demo8 cratic countries committed to the global promotion 

9 of democratic principles, practices, and values, which 

10 held its First Ministerial Conference in Warsaw, Po11 land, in June 2000. 

12 (5) DEPARTMENT.—The term ‘‘Department’’ 

13 means the Department of State. 

14 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti15 ty’’ means any nongovernmental organization, inter16 national organization, multilateral institution, pri17 vate foundation, corporation, partnership, associa18 tion, or other entity, organization, or group engaged 

19 in (or with plans to engage in) the promotion of de20 mocracy and fundamental rights and freedoms in 

21 foreign countries categorized as ‘‘partly democratic’’ 

22 or ‘‘nondemocratic’’ in the most recent Annual Re23 port on Democracy. 

24 (7) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

25 individual’’ means any individual engaged in, or who 
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1 intends to engage in, the promotion of democracy 

2 and fundamental rights and freedoms in foreign 

3 countries categorized as ‘‘partly democratic’’ or 

4 ‘‘nondemocratic’’ in the most recent Annual Report 

5 on Democracy. 

6 (8) HELSINKI PROCESS.—The term ‘‘Helsinki 

7 Process’’ means the multilateral process adopted at 

8 the Conference on Security and Cooperation in Eu9 rope by member countries of the Organization for 

10 Security and Cooperation in Europe to achieve the 

11 security, economic, and humanitarian goals as 

12 agreed to in the Helsinki Final Act of 1975 of the 

13 Conference on Security and Cooperation in Europe 

14 (1 August 1975), and as reinforced in subsequent 

15 agreements, including the Vienna Concluding Docu16 ment of 1983 of the Conference on Security and Co17 operation in Europe (15 January 1983), the Madrid 

18 Concluding Document of 1983 of the Conference on 

19 Security and Cooperation in Europe (6 September 

20 1983), and the Copenhagen Document of 1990 on 

21 the Human Dimension of the Conference on Secu22 rity and Cooperation in Europe (29 June 1990). 

23 (9) INTERNATIONAL FINANCIAL INSTITU24 TION.—The term ‘‘international financial institu25 tion’’ means the International Bank for Reconstruc-
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1 tion and Development, the International Develop2 ment Association, the International Monetary Fund, 

3 the International Finance Corporation, the Inter4 American Development Bank, the African Develop5 ment Bank, the African Development Fund, the 

6 Asian Development Bank, the European Bank for 

7 Reconstruction and Development, and the Multilat8 eral Investment Guarantee Agency. 

9 (10) REGIONAL DEMOCRACY HUB AND HUB.— 

10 The terms ‘‘Regional Democracy Hub’’ and ‘‘Hub’’ 

11 mean the Regional Democracy Hubs established 

12 under section 101(d)(2). 

13 (11) SECRETARY.—The term ‘‘Secretary’’ 

14 means the Secretary of State. 

15 (12) SPECIAL ASSISTANT.—The term ‘‘Special 

16 Assistant’’ means the Special Assistant to the Presi17 dent on Nondemocratic Countries established under 

18 subsection (l) of section 101 of the National Security 

19 Act of 1947 (50 U.S.C. 402), as added by section 

20 601 of this Act. 

21 (13) UNDER SECRETARY.—The term ‘‘Under 

22 Secretary’’ means the Under Secretary of State for 

23 Global Affairs established under section 1(b) of the 

24 State Department Basic Authorities Act of 1956 (22 
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1 U.S.C. 2651a(b)), as amended by section 101(a)(2) 

2 of this Act. 

3 TITLE I—DEPARTMENT OF 

4 STATE ACTIVITIES 

5 SEC. 101. PROMOTION OF DEMOCRACY IN FOREIGN COUN6 TRIES. 

7 (a) CODIFICATION OF UNDER SECRETARY OF STATE

8 FOR GLOBAL AFFAIRS.—Section 1(b) of the State Depart9 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)) 

10 is amended— 

11 (1) by redesignating paragraph (4) as para12 graph (5); and 

13 (2) by inserting after paragraph (3) the fol14 lowing new paragraph: 

15 ‘‘(4) UNDER SECRETARY OF STATE FOR GLOB16 AL AFFAIRS.—There shall be in the Department of 

17 State, among the Under Secretaries authorized by 

18 paragraph (1), an Under Secretary of State for 

19 Global Affairs, who shall have primary responsibility 

20 to assist the Secretary and the Deputy Secretary in 

21 the formulation and implementation of United 

22 States policies and activities relating to the transi23 tion to and development of democracy in nondemo24 cratic countries and to coordinate United States pol25 icy on global issues, including issues related to 
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1 human rights, women’s rights, freedom of religion, 

2 labor standards and relations, the preservation of 

3 the global environment, the status and protection of 

4 the oceans, scientific cooperation, narcotics control, 

5 law enforcement, population issues, refugees, migra6 tion, war crimes, and trafficking in persons. The 

7 Secretary may assign such other responsibilities to 

8 the Under Secretary for Global Affairs as the Sec9 retary determines appropriate or necessary. In par10 ticular, the Under Secretary for Global Affairs shall 

11 have the following responsibilities: 

12 ‘‘(A) Promoting democracy and funda13 mental rights and freedoms in foreign coun14 tries, condemning violations of the right of an 

15 individual to participate in the government and 

16 political life of the country of the individual, ei17 ther directly or through representatives chosen 

18 in free, fair, and open elections, and recom19 mending appropriate actions to be undertaken 

20 by the United States whenever such right is vio21 lated or is in danger of being violated. 

22 ‘‘(B) Coordinating with the Under Sec23 retary for Public Diplomacy and Public Affairs 

24 and employees and officers from the regional 

25 bureaus of the Department of State to— 
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1 ‘‘(i) promote the transition to and de2 velopment of democracy in nondemocratic 

3 countries; and 

4 ‘‘(ii) promote and strengthen the de5 velopment of democracy in countries that 

6 are in transition to democracy. 

7 ‘‘(C) Developing, in consultation with other 

8 appropriate executive agencies having programs 

9 and responsibilities related to democracy pro10 motion, a strategic plan to promote transition 

11 to and development of democracy in nondemo12 cratic countries and overseeing implementation 

13 of the plan through an appropriate interagency 

14 process. 

15 ‘‘(D) Advising the Secretary regarding any 

16 recommendation requested by any official of 

17 any other agency that relates to the human 

18 rights situation in a foreign country or the ef19 fects on human rights or democracy in a for20 eign country of an agency program of such offi21 cial. 

22 ‘‘(E) Assisting the Secretary in the prepa23 ration of the reports required under section 102 

24 of the Advance Democratic Values, Address 
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1 Nondemocratic Countries, and Enhance Democ2 racy Act of 2005.’’. 

3 (b) ADDITIONAL DUTIES FOR ASSISTANT SEC4 RETARY OF STATE FOR DEMOCRACY, HUMAN RIGHTS, 

5 AND LABOR.—Section 1(c)(2) of the State Department 

6 Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(2)) is 

7 amended— 

8 (1) in subparagraph (A), by inserting after the 

9 first sentence the following new sentence: ‘‘The As10 sistant Secretary of State for Democracy, Human 

11 Rights, and Labor shall also be responsible to the 

12 Under Secretary of State for Global Affairs for mat13 ters relating to the transition to and development of 

14 democracy in nondemocratic countries, including 

15 promoting and strengthening the development of de16 mocracy in foreign countries that are in the early 

17 stages of a transition to democracy.’’; 

18 (2) by adding after subparagraph (B) the fol19 lowing new subparagraph: 

20 ‘‘(C) The Assistant Secretary of State for De21 mocracy, Human Rights, and Labor shall maintain 

22 continuous observation of and review all matters 

23 pertaining to the transition to and promotion and 

24 development of democracy in foreign countries. In 
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1 particular, the Assistant Secretary shall have the fol2 lowing responsibilities: 

3 ‘‘(i) Assisting the Under Secretary of State 

4 for Global Affairs in the preparation of the re5 ports required under section 102 of the Ad6 vance Democratic Values, Address Non-Demo7 cratic Countries, and Enhance Democracy Act 

8 of 2005. 

9 ‘‘(ii) Making recommendations to the 

10 Under Secretary of State for Global Affairs re11 garding the promotion of democracy in foreign 

12 countries, including assisting the Under Sec13 retary to— 

14 ‘‘(I) promote transition to and devel15 opment of democracy in nondemocratic 

16 countries; 

17 ‘‘(II) promote and strengthen the de18 velopment of democracy in foreign coun19 tries that are in the early stages of a tran20 sition to democracy; and 

21 ‘‘(III) support and promote the aca22 demic and intellectual study and discussion 

23 of democracy in democratic, partly demo24 cratic, and nondemocratic countries. 
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1 ‘‘(iii) Gathering detailed information that 

2 furthers— 

3 ‘‘(I) the identification of foreign coun4 tries that are democracies, the extent to 

5 which democracy is established in such 

6 countries, and the extent to which such 

7 countries are committed to promoting 

8 democratic principles, practices, and val9 ues; 

10 ‘‘(II) the understanding of the most 

11 effective means of change and methods of 

12 nonviolent action to promote and achieve 

13 transition to democracy in a foreign coun14 try; 

15 ‘‘(III) the identification of and con16 sultation with nongovernmental organiza17 tions, individuals, and movements that pro18 mote democratic principles, practices, and 

19 values in partly democratic and nondemo20 cratic countries to obtain the views of such 

21 organizations, individuals, and movements 

22 on the approaches that the United States 

23 should take to promote the transition of 

24 the governments of such countries to full 

25 democracies; and 
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1 ‘‘(IV) the documentation of human 

2 rights abuses condoned or encouraged by 

3 leaders of nondemocratic countries, includ4 ing an identification of such leaders. 

5 ‘‘(iv) Consulting with nongovernmental or6 ganizations, individuals, and movements com7 mitted to the peaceful promotion of democracy, 

8 democratic principles, practices and values, and 

9 fundamental rights and freedoms. 

10 ‘‘(v) Coordinating United States Govern11 ment assistance to promote democracy abroad, 

12 including designing and coordinating an overall 

13 assistance strategy, pursuing coordination with 

14 other countries and international organizations, 

15 ensuring proper management, implementation, 

16 and oversight by United States agencies, and 

17 resolving policy and program disputes among 

18 such agencies. 

19 ‘‘(vi) Performing such other responsibilities 

20 which serve to promote and develop democracy 

21 in foreign countries.’’. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi23 tion to amounts otherwise authorized, there is authorized 

24 to be appropriated to the Secretary of State $10,000,000 

25 for fiscal year 2006, and such sums as may be necessary 
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1 in each fiscal year thereafter, for the hiring of staff and 

2 the conduct of the business of the offices of the Under 

3 Secretary of State for Global Affairs and the Assistant 

4 Secretary of State for Democracy, Human Rights, and 

5 Labor. 

6 (d) DEPARTMENT OF STATE AND UNITED STATES

7 MISSIONS ABROAD.— 

8 (1) OFFICE OF DEMOCRATIC MOVEMENTS AND

9 TRANSITIONS.— 

10 (A) ESTABLISHMENT.—There is estab11 lished within the Bureau of Democracy, Human 

12 Rights, and Labor of the Department of State 

13 an Office of Democratic Movements and Tran14 sitions. 

15 (B) PURPOSE.—The Office shall promote 

16 transitions to full democracy in countries that 

17 have been designated as nondemocratic or part18 ly democratic in the most recent Annual Report 

19 on Democracy required under section 102(b). 

20 (C) DIRECTOR.—The Secretary, after con21 sultation with the Assistant Secretary of State 

22 for Democracy, Human Rights, and Labor, 

23 shall appoint a Director to head the Office, who 

24 shall report to the Assistant Secretary. The in25 dividual chosen as Director should possess 
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1 clearly demonstrated competence in and com2 mitment to the promotion of democracy, includ3 ing competence in promoting democratic prin4 ciples, practices, values, and ideals through 

5 nonviolent means. 

6 (D) RESPONSIBILITIES.—The Director of 

7 the Office shall— 

8 (i) develop relations with, consult 

9 with, and provide assistance to nongovern10 mental organizations, individuals, and 

11 movements that are committed to the 

12 peaceful promotion of democracy, demo13 cratic principles, practices, and values, and 

14 fundamental rights and freedoms in coun15 tries described in subparagraph (B); 

16 (ii) develop strategies and programs 

17 to promote peaceful change in such coun18 tries; 

19 (iii) provide political, financial, and 

20 other support to nongovernmental organi21 zations, individuals, and movements that 

22 promote democratic principles, practices, 

23 and values in such countries, including 

24 providing training in the strategy and tac25 tics of nonviolent change and providing 
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1 training equipment related to such pur2 pose; 

3 (iv) foster relationships between non4 governmental organizations, individuals, 

5 and movements and the United States and 

6 the governments of other democratic coun7 tries, and establish common positions with 

8 other democratic countries and the Com9 munity of Democracies to promote demo10 cratic transitions in countries described in 

11 subparagraph (B); 

12 (v) foster dialogue, to the extent prac13 ticable, between the leaders of such non14 governmental organizations, individuals, 

15 and movements and the officials of such 

16 countries; 

17 (vi) evaluate recommendations by the 

18 Democracy Promotion and Human Rights 

19 Advisory Board, established under section 

20 106, regarding strategies to promote de21 mocracy in such countries; 

22 (vii) communicate with the leaders 

23 and other senior government officials of 

24 such countries concerning respect for lib-
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1 erty, democracy, and political, social, and 

2 economic freedoms; 

3 (viii) communicate with opposition po4 litical parties within such countries that 

5 support democratic values and respect for 

6 human rights; 

7 (ix) create narratives and histories re8 quired under section 107(b) for the Inter9 net site for global democracy and human 

10 rights and assist in the preparation of the 

11 Annual Report on Democracy required 

12 under section 102; and 

13 (x) facilitate, in coordination with 

14 public affairs officers and offices of the 

15 Department of State responsible for public 

16 diplomacy programs in such countries, de17 bates and discussions, including among 

18 young people in other countries, regarding 

19 the values and benefits of democracy and 

20 human rights at academic institutions in 

21 such countries. 

22 (2) REGIONAL DEMOCRACY HUBS AT UNITED

23 STATES MISSIONS ABROAD.— 

24 (A) ESTABLISHMENT.— 
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1 (i) IN GENERAL.—The Secretary shall 

2 establish at least one Regional Democracy 

3 Hub at one United States mission in each 

4 of the following geographic regions: 

5 (I) the Western Hemisphere; 

6 (II) Europe; 

7 (III) South Asia; 

8 (IV) the Near East; 

9 (V) East Asia and the Pacific; 

10 and 

11 (VI) Africa. 

12 (ii) DIRECTOR.—Each Regional De13 mocracy Hub shall be headed by a Direc14 tor. The Director and the associated staff 

15 shall be selected by the Secretary in con16 sultation with the Assistant Secretary for 

17 Democracy, Human Rights, and Labor. 

18 (B) RESPONSIBILITIES.—Each Regional 

19 Democracy Hub shall support the appropriate 

20 United States ambassador and United States 

21 employees assigned to United States missions in 

22 each such geographic region to carry out the re23 sponsibilities described in this Act, including— 

24 (i) assisting the Assistant Secretary 

25 for Democracy, Human Rights, and Labor 
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1 and the Under Secretary to conceive and 

2 implement strategies for transitions to de3 mocracy for each nondemocratic country in 

4 the geographic region for which such Hub 

5 is responsible, including regional strategies 

6 as appropriate, and assisting such United 

7 States missions to prepare the reports re8 quired under section 102; 

9 (ii) helping to design and implement 

10 programs funded by the Human Rights 

11 and Democracy Fund described in section 

12 302, including making proposals directly to 

13 the Assistant Secretary for Democracy, 

14 Human Rights, and Labor regarding the 

15 use of the Fund; and 

16 (iii) supporting the implementation of 

17 other requirements of this Act, including 

18 identifying opportunities for United States 

19 officials to speak directly to citizens, par20 ticularly to young people, in such coun21 tries. 

22 (C) ACCREDITATION.—As appropriate, the 

23 Department shall seek accreditation for the Di24 rector to all nondemocratic countries in each 
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1 geographic region for which each Hub is re2 sponsible. 

3 (D) TERMINATION.—No earlier than two 

4 years after a geographic region has ceased to 

5 include any nondemocratic or partly democratic 

6 country, the Secretary may terminate the Hub 

7 for such region. 

8 (E) AUTHORIZATION OF APPROPRIA9 TIONS.—There are authorized to be appro10 priated to the Secretary such sums as may be 

11 necessary to carry out the responsibilities de12 scribed in subparagraph (B), including hiring 

13 additional staff to carry out such responsibil14 ities. 

15 (3) RESPONSIBILITIES OF THE BUREAU OF IN16 TELLIGENCE AND RESEARCH.—The Assistant Sec17 retary for Intelligence and Research shall coordinate 

18 with the Department of the Treasury, the Depart19 ment of Justice, the Central Intelligence Agency, 

20 other appropriate intelligence agencies, and, as ap21 propriate, with foreign governments to— 

22 (A) monitor and document financial assets 

23 inside and outside the United States held by 

24 leaders of countries determined to be nondemo-
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1 cratic for purposes of the Annual Report on De2 mocracy required under section 102; 

3 (B) identify close associates of such lead4 ers; and 

5 (C) monitor and document financial assets 

6 inside and outside the United States held by 

7 such close associates. 

8 (4) COORDINATION.— 

9 (A) DEPUTY ASSISTANT SECRETARY OF

10 STATE FOR DEMOCRACY, HUMAN RIGHTS, AND

11 LABOR.—There shall be in the Department a 

12 Deputy Assistant Secretary of State for Democ13 racy, Human Rights, and Labor who shall re14 port to the Assistant Secretary of State for De15 mocracy, Human Rights, and Labor. Such Dep16 uty Assistant Secretary shall be in addition to 

17 the current number of such other Deputy As18 sistant Secretaries so reporting. In addition to 

19 considering qualified noncareer candidates, the 

20 Secretary shall seek to recruit senior members 

21 of the Senior Foreign Service to serve in such 

22 position. 

23 (B) RESPONSIBILITIES.—In addition to 

24 such other duties as the Secretary or Assistant 

25 Secretary of State for Democracy, Human 
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1 Rights, and Labor may from time to time des2 ignate, the Deputy Assistant Secretary of State 

3 for Democracy, Human Rights, and Labor 

4 shall— 

5 (i) coordinate the work of the Office 

6 of Democratic Movements and Transitions 

7 with the work of other offices and bureaus 

8 at the Department; 

9 (ii) coordinate the work of the Office 

10 of Democratic Movements and Transitions 

11 with the work of other United States Gov12 ernment agencies; 

13 (iii) forge connections between the 

14 United States and nongovernmental orga15 nizations, individuals, and movements com16 mitted to the promotion of democracy and 

17 democratic principles, practices, and val18 ues; and 

19 (iv) seek ways to promote and en20 hance the work of nongovernmental organi21 zations, individuals, and movements com22 mitted to the promotion of democracy and 

23 democratic principles, practices, and val24 ues. 
30 

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1 (5) RECRUITMENT.—The Secretary shall seek 

2 to ensure that no later than December 31, 2012, not 

3 less than 50 percent of the nonadministrative em4 ployees serving in the Bureau of Democracy, Human 

5 Rights, and Labor are members of the Foreign Serv6 ice. 

7 SEC. 102. REPORTS. 

8 (a) PORTIONS OF ANNUAL HUMAN RIGHTS RE9 PORTS.—The Under Secretary shall assist the Secretary 

10 in the preparation of those portions of the reports and 

11 other information provided to Congress required under 

12 sections 116 and 502B of the Foreign Assistance Act of 

13 1961 (22 U.S.C. 2151n and 2304) that relate to freedom 

14 and political rights as set forth in the Universal Declara15 tion of Human Rights. 

16 (b) ANNUAL REPORT ON DEMOCRACY.— 

17 (1) PREPARATION AND DEADLINE FOR SUBMIS18 SION.—The Secretary shall prepare an Annual Re19 port on Democracy. The Under Secretary, with the 

20 assistance of the Assistant Secretary of State for 

21 Democracy, Human Rights, and Labor, shall have 

22 the principal responsibility of assisting the Secretary 

23 in the preparation of the Annual Report. The Under 

24 Secretary and Assistant Secretary shall consult with 

25 the regional bureaus of the Department in the prep-
31 

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1 aration of the Annual Report. Not later than July 

2 1 of each year, the Secretary shall submit to the ap3 propriate congressional committees the Annual Re4 port on Democracy. 

5 (2) CONTENTS.—The Annual Report on De6 mocracy shall contain the following: 

7 (A) EXECUTIVE SUMMARY.—An Executive 

8 Summary with a table listing every foreign 

9 country, together with a categorization of each 

10 country as ‘‘fully democratic’’, ‘‘partly demo11 cratic’’, or ‘‘nondemocratic’’. The Executive 

12 Summary shall contain a short narrative high13 lighting the status of democracy in each coun14 try categorized as partly democratic or non15 democratic. 

16 (i) DETERMINATION OF CATEGORIZA17 TION.—With respect to a country listed in 

18 the Executive Summary, the Secretary 

19 shall determine which of the categoriza20 tions specified under subparagraph (A) is 

21 appropriate by reference to the principles 

22 enshrined in the United Nations Charter, 

23 the Universal Declaration of Human 

24 Rights, the International Covenant on Civil 

25 and Political Rights, the United Nations 
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1 Commission on Human Rights Resolution 

2 1499/57 (entitled ‘‘Promotion of the Right 

3 to Democracy’’), the assessments used to 

4 determine eligibility for financial assistance 

5 disbursed from the Millennium Challenge 

6 Account, the assessments of nongovern7 mental organizations used to determine eli8 gibility to participate in the meetings of 

9 the Community of Democracies, and the 

10 standards established and adopted by the 

11 Community of Democracies. In addition, 

12 the categorization of a country should be 

13 informed by the general consensus regard14 ing the status of civil and political rights 

15 in such country by major nongovernmental 

16 organizations that conduct assessments of 

17 such conditions in such countries. 

18 (ii) DETERMINATION OF NONDEMO19 CRATIC CATEGORIZATION.— 

20 (I) IN GENERAL.—The Secretary 

21 shall categorize a country as non22 democratic if such country fails to 

23 satisfy any of the following require24 ments: 
33 

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1 (aa) All citizens of such 

2 country have the right to, and 

3 are not restricted in practice 

4 from, fully and freely partici5 pating in the political life of such 

6 country regardless of gender, 

7 race, language, religion, or be8 liefs. 

9 (bb) The national legislative 

10 body of such country and, if di11 rectly elected, the head of govern12 ment of such country, are chosen 

13 by free, fair, open, and periodic 

14 elections, by universal and equal 

15 suffrage, and by secret ballot. 

16 (cc) More than one political 

17 party in such country has can18 didates who seek elected office at 

19 the national level and such par20 ties are not restricted in their po21 litical activities or their process 

22 for selecting such candidates ex23 cept for reasonable administra24 tive requirements commonly ap-
34 

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1 plied in countries categorized as 

2 fully democratic. 

3 (dd) All citizens in such 

4 country have a right to, and are 

5 not restricted in practice from, 

6 fully exercising the freedoms of 

7 thought, conscience, belief, peace8 ful assembly and association, 

9 speech, opinion, and expression, 

10 and such country has a free, 

11 independent, and pluralistic 

12 media. 

13 (ee) The current government 

14 of such country did not come to 

15 power in a manner contrary to 

16 the rule of law. 

17 (ff) Such country possesses 

18 an independent judiciary and the 

19 government of such country gen20 erally respects the rule of law. 

21 (II) ADDITIONAL CONSIDER22 ATIONS.—Notwithstanding the satis23 faction by a country of the require24 ments specified under subclause (I), 

25 the Secretary may categorize a coun-
35 

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1 try as nondemocratic if the Secretary 

2 determines that such is appropriate 

3 after consideration of the principles 

4 specified under clause (i) with respect 

5 to such country. 

6 (B) STATUS OF DEMOCRACY.—A descrip7 tion of each country categorized as partly demo8 cratic or nondemocratic in the Executive Sum9 mary, including— 

10 (i) an evaluation of trends over the 

11 preceding 12 months towards improvement 

12 or deterioration in the commitment to and 

13 protection of democratic principles, prac14 tices, values, institutions, and processes in 

15 each such country; 

16 (ii) an evaluation of the political 

17 rights and freedoms enjoyed by individuals 

18 in each such country and an evaluation of 

19 the factors that prevent each such country 

20 from being categorized as fully democratic; 

21 and 

22 (iii) for each country previously cat23 egorized as nondemocratic in the Executive 

24 Summary from the preceding year, an 

25 evaluation of any progress made over the 
36 

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1 previous calendar year towards achieving a 

2 categorization of partly democratic or fully 

3 democratic. 

4 (C) STRATEGY FOR NONDEMOCRATIC

5 COUNTRIES.—An in-depth examination of each 

6 country categorized as nondemocratic in the 

7 Executive Summary, including— 

8 (i) a specific action plan developed fol9 lowing consultations with nongovernmental 

10 organizations, individuals, and movements 

11 that promote democratic principles, prac12 tices, and values in each such country to 

13 promote and achieve transition to full de14 mocracy in each such country, including a 

15 summary of actions taken by the United 

16 States in furtherance of such goal in the 

17 preceding 12 months; 

18 (ii) a summary of any actions taken 

19 by the President pursuant to section 501 

20 with respect to any such country, the ef21 fects of any such actions, and if no such 

22 actions have been taken, a statement ex23 plaining why not; 

24 (iii) a summary of any actions taken 

25 by the chief of mission and officials of the 
37 

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1 United States in each such country with 

2 which the United States maintains diplo3 matic and consular posts with respect to 

4 promoting such a transition within that 

5 country and any activities of the embassy 

6 or consulate in that country to support in7 dividuals and organizations in that country 

8 that actively advocate for such a transition; 

9 (iv) a summary of efforts taken by of10 ficials of the United States to speak di11 rectly to the people in each country, and in 

12 particular, a description of any visits taken 

13 by the chief of mission and other officials 

14 of the United States in each such country 

15 to the colleges and universities and other 

16 institutions in the country where young 

17 people congregate and learn; and 

18 (v) a summary of any communications 

19 between United States Government offi20 cials, including the chief of mission, and 

21 the leader and other high government offi22 cials of each such country concerning re23 spect for liberty, democracy, and political, 

24 social, and economic freedoms. 
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1 (D) UNITED STATES POLICIES.—A de2 scription of United States actions and policies 

3 aimed at promoting democracy in foreign coun4 tries categorized as partly democratic or non5 democratic, and the extent to which such ac6 tions and policies were undertaken in coordina7 tion with other democratic countries. 

8 (E) PEACEFUL TRANSFERS OF POLITICAL

9 POWER.—A description of peaceful transfers of 

10 political power in each country categorized as 

11 partly democratic or nondemocratic in the Ex12 ecutive Summary that have occurred between 

13 rival political entities according to established 

14 rules and without violence. 

15 (3) CLASSIFIED ADDENDUM.—If the Secretary 

16 determines that it is in the national security inter17 ests of the United States, is necessary for the safety 

18 of individuals identified in the Annual Report on De19 mocracy, or is necessary to further the purposes of 

20 this Act, any information required by paragraph (2), 

21 including policies adopted or actions taken by the 

22 United States, may be summarized in the Annual 

23 Report on Democracy or the Executive Summary 

24 and submitted to the appropriate congressional com25 mittees in more detail in a classified addendum. 
39 

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1 (4) PUBLIC DISCLOSURE.—The Executive Sum2 mary shall be made available on the Department of 

3 State Internet site, except for information that is 

4 classified under paragraph (3). 

5 (c) ONE-TIME REPORT ON TRAINING AND GUIDE6 LINES FOR FOREIGN SERVICE OFFICERS AND CHIEFS OF

7 MISSION.—The Secretary, in consultation with the Under 

8 Secretary, shall submit to the appropriate congressional 

9 committees a one-time report containing a description of 

10 the training provided under section 708(c) of the Foreign 

11 Service Act of 1980 (22 U.S.C. 4028(c)), as added by sec12 tion 109(a), for foreign service officers, including chiefs 

13 of mission serving or preparing to serve in countries cat14 egorized as partly democratic or nondemocratic or chiefs 

15 of mission in fully democratic countries whose job per16 formance could benefit from such training, with respect 

17 to methods to promote and achieve transition to full de18 mocracy in each such country, including nonviolent action. 

19 The Secretary shall submit the report together with the 

20 first Annual Report on Democracy required under sub21 section (b). 

22 SEC. 103. TRANSLATION OF ANNUAL DEPARTMENT OF 

23 STATE REPORTS. 

24 (a) TRANSLATION.—The Secretary shall ensure that 

25 the relevant country specific sections of the reports listed 
40 

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1 in subsection (b) that relate to a particular country are 

2 translated into the principal languages of such country 

3 and made available in such country. 

4 (b) REPORTS.—The relevant country specific sections 

5 of the reports referred to in subsection (a) are the fol6 lowing: 

7 (1) Country specific sections of the most recent 

8 Annual Report on Democracy. 

9 (2) Country specific sections of the most recent 

10 annual Trafficking in Persons Report prepared by 

11 the Office to Monitor and Combat Trafficking in 

12 Persons of the Department of State. 

13 (3) Country specific sections of the most recent 

14 Annual Report on International Religious Freedom 

15 prepared by the Office of International Religious 

16 Freedom in the Bureau of Democracy, Human 

17 Rights, and Labor of the Department of State. 

18 (4) Country specific sections of the most recent 

19 annual Country Reports on Human Rights Practices 

20 prepared by the Bureau of Democracy, Human 

21 Rights, and Labor of the Department of State. 

22 (c) DATE FOR COMPLETION.—Not later than 120 

23 days after the completion of each report described in sub24 section (a), the Secretary shall ensure the translation of 

25 each such report. 
41 

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1 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi2 tion to amounts that are otherwise available for the trans3 lation of Department reports, there is authorized to be ap4 propriated to the Secretary such sums as may be nec5 essary to carry out this section. 

6 SEC. 104. STRATEGIES TO ENHANCE THE PROMOTION OF 

7 DEMOCRACY IN FOREIGN COUNTRIES. 

8 (a) WORKING GROUP ON NONDEMOCRATIC COUN9 TRIES.—Beginning in the year after the second Annual 

10 Report on Democracy required under section 102(b) is 

11 submitted and not less than once each year thereafter, the 

12 Under Secretary shall convene a working group under sub13 section (c) focused on each country designated as non14 democratic in the most recent such report in order to— 

15 (1) review progress on the action plan with re16 spect to each such country to promote and achieve 

17 the transition to full democracy in such country; and 

18 (2) receive recommendations regarding further 

19 action that should be taken with respect to such 

20 plan. 

21 (b) WORKING GROUP ON COUNTRIES IN TRANSI22 TION.—Beginning in the year after the second Annual Re23 port on Democracy required under section 102(b) is sub24 mitted and not less than once each year thereafter, the 

25 Under Secretary should also convene a working group 
42 

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1 under subsection (c) focused on the progress towards a 

2 fully democratic form of governance in each country des3 ignated as ‘‘partly democratic’’ in the most recent annual 

4 report that was designated as ‘‘nondemocratic’’ in any of 

5 the previous annual reports. 

6 (c) MEMBERS OF WORKING GROUPS.—The working 

7 groups referred to in subsections (a) and (b) shall include 

8 officers and employees of the Department and appropriate 

9 representatives from other relevant government agencies, 

10 including the United States Agency for International De11 velopment, the Department of the Treasury, and the De12 partment of Defense. 

13 (d) CONSULTATIONS WITH CHIEFS OF MISSIONS.— 

14 The chief of mission for each country designated as non15 democratic or partly democratic in the most recent Annual 

16 Report on Democracy shall meet with the Under Secretary 

17 at least once each year to discuss the transition to full 

18 democracy in such country, including any actions the chief 

19 of mission has taken to implement the action plan for such 

20 country included in such report. 
43 

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1 SEC. 105. ACTIVITIES BY THE UNITED STATES TO PROMOTE 

2 DEMOCRACY AND HUMAN RIGHTS IN FOR3 EIGN COUNTRIES. 

4 (a) FREEDOM INVESTMENT ACT OF 2002.—The 

5 Freedom Investment Act of 2002 (subtitle E of title VI 

6 of Public Law 107–228) is amended— 

7 (1) in Section 663(a), (relating to human rights 

8 activities at the Department of State)— 

9 (A) in paragraph (1), by striking ‘‘and’’ at 

10 the end; 

11 (B) by redesignating paragraph (2) as 

12 paragraph (4); 

13 (C) by inserting after paragraph (1) the 

14 following new paragraphs: 

15 ‘‘(2) a United States mission abroad in a coun16 try that has been designated as nondemocratic in 

17 the most recent Annual Report on Democracy (as 

18 required under section 102(b) of the Advance Demo19 cratic Values, Address Nondemocratic Countries, 

20 and Enhance Democracy Act of 2005) should have 

21 at least one political officer who shall have primary 

22 responsibility for monitoring and promoting democ23 racy and human rights in such country; 

24 ‘‘(3) the level of seniority of any such political 

25 officer should be in direct relationship to the severity 

26 of the problems associated with the establishment of 
44 

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1 full democracy and respect for human rights in such 

2 country; and’’; and 

3 (D) in paragraph (4), as so redesignated, 

4 by striking ‘‘monitoring human rights develop5 ments’’ and all that follows through ‘‘rec6 ommendation’’ and inserting the following: 

7 ‘‘monitoring and promoting democracy and 

8 human rights, including a political officer de9 scribed in paragraphs (2) and (3), in a foreign 

10 country should be made after consultation with 

11 and upon the recommendation’’; and 

12 (2) in section 665(c) (relating to reports on ac13 tions taken by the United States to encourage re14 spect for human rights), by striking the second sen15 tence and adding at the end the following new sen16 tences: ‘‘If the Secretary elects to submit such infor17 mation as a separate report, such report may be 

18 submitted as part of the Annual Report on Democ19 racy required under section 102(b) of the Advance 

20 Democratic Values, Address Nondemocratic Coun21 tries, and Enhance Democracy Act of 2005. If the 

22 Secretary makes such an election, such report shall 

23 be organized so as to contain a separate section for 

24 each country to which such information applies, to25 gether with a short narrative describing the 
45 

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1 extrajudicial killing, torture, or other serious viola2 tions of human rights that are indicated to have oc3 curred in each such country.’’. 

4 (b) FOREIGN ASSISTANCE ACT OF 1961.—The For5 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is 

6 amended— 

7 (1) in section 116(d) (22 U.S.C. 2151n(d)), by 

8 striking paragraph 10 and inserting the following 

9 new paragraph: 

10 ‘‘(10) for each country with respect to which 

11 the report indicates that extrajudicial killings, tor12 ture, or other serious violations of human rights 

13 have occurred in the country, a strategy, including 

14 a specific list of priorities and an action plan, to end 

15 such practices in the country, and any actions taken 

16 in the previous year to end such practices in the 

17 country; and’’; and 

18 (2) in section 502B(b) (22 U.S.C. 2304(b)), by 

19 striking the sixth sentence and inserting the fol20 lowing new sentence: ‘‘Such report shall also include, 

21 for each country with respect to which the report in22 dicates that extrajudicial killings, torture, or other 

23 serious violations of human rights have occurred in 

24 the country, a strategy, including a specific list of 

25 priorities and an action plan, to end such practices 
46 

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1 in the country, and any actions taken in the previous 

2 year to end such practices in the country.’’. 

3 SEC. 106. DEMOCRACY PROMOTION AND HUMAN RIGHTS 

4 ADVISORY BOARD. 

5 (a) ESTABLISHMENT.—There is established a De6 mocracy Promotion and Human Rights Advisory Board. 

7 (b) PURPOSE AND DUTIES.—The Board shall advise 

8 and provide recommendations to the Secretary, the Under 

9 Secretary of State, the Assistant Secretary of State for 

10 Democracy, Human Rights, and Labor, and the Assistant 

11 Administrator for the Bureau of Democracy, Conflict and 

12 Humanitarian Assistance of the United States Agency for 

13 International Development concerning United States poli14 cies regarding the promotion of democracy and the estab15 lishment of universal democracy, including the following: 

16 (1) Reviewing and making recommendations re17 garding the overall United States strategy for pro18 moting democracy and human rights in partly demo19 cratic and nondemocratic countries, including meth20 ods for incorporating the promotion of democracy 

21 and human rights into United States diplomacy, the 

22 use of international organizations to further United 

23 States democracy promotion goals, and ways in 

24 which the United States can work with other coun-
47 

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1 tries and the Community of Democracies to further 

2 such purposes. 

3 (2) Recommendations regarding specific strate4 gies to promote democracy in countries categorized 

5 as nondemocratic in the most recent Annual Report 

6 on Democracy submitted under section 102(b), in 

7 countries that are in a transition to democracy, and 

8 methods for consulting and coordinating with indi9 viduals (including expatriates) and nongovernmental 

10 organizations that promote democratic principles, 

11 practices, and ideals. 

12 (3) Recommendations regarding the use of— 

13 (A) programs related to the promotion of 

14 democracy and human rights administered by 

15 the United States Agency for International De16 velopment; and 

17 (B) the Human Rights and Democracy 

18 Fund, established under section 664 of the 

19 Freedom Investment Act of 2002 (subtitle E of 

20 title VI of Public Law 107–228). 

21 (4) Recommendations regarding regulations to 

22 be promulgated concerning— 

23 (A) the standards of performance to be 

24 met by members of the Foreign Service, includ25 ing chiefs of mission, under section 405(d) of 
48 

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1 the Foreign Service Act of 1980 (22 U.S.C. 

2 3965(d)); and 

3 (B) the development of programs to pro4 mote democracy in foreign countries under sec5 tion 108, relating to programs undertaken by 

6 United States missions in foreign countries and 

7 the activities of chiefs of mission. 

8 (c) STUDY ON DEMOCRACY ASSISTANCE.— 

9 (1) IN GENERAL.—Not later than 18 months 

10 after the appointment of five members of the Board, 

11 the Board shall submit to the President, Congress, 

12 and the Secretary a study on United States democ13 racy assistance. 

14 (2) TRANSMITTAL.—Copies of the report shall 

15 be transmitted to the Under Secretary, the Assistant 

16 Secretary of State for Democracy, Human Rights, 

17 and Labor, the Broadcasting Board of Governors, 

18 the Administrator of the United States Agency for 

19 International Development, the President of the Na20 tional Endowment for Democracy, the President of 

21 the Center for International Private Enterprise, the 

22 President of the International Republican Institute, 

23 the President of the National Democratic Institute 

24 for International Affairs, and the President of the 

25 Free Trade Union Institute. 
49 

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1 (3) CONTENTS.—The study shall include— 

2 (A) a comprehensive review and an overall 

3 evaluation of the efficiency and effectiveness of 

4 United States appropriations for the promotion 

5 of democracy, including— 

6 (i) information regarding the amount 

7 of money dedicated to such purpose each 

8 fiscal year; 

9 (ii) an identification of the inter10 national organizations, nongovernmental 

11 organizations, multilateral institutions, in12 dividuals, private groups (including cor13 porations and other businesses), and gov14 ernment agencies and departments receiv15 ing such funds for such purpose; 

16 (iii) information regarding the effi17 ciency and effectiveness of the use of such 

18 funds to promote a transition to democracy 

19 in nondemocratic countries with a special 

20 emphasis on activities related to the pro21 motion of democracy under section 302(b), 

22 relating to the Human Rights and Democ23 racy Fund; and 

24 (iv) information regarding the effi25 ciency and effectiveness of the use of such 
50 

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1 funds to promote and sustain democracy in 

2 countries that are already fully democratic 

3 or partly democratic; 

4 (B) a review of— 

5 (i) the ability of the Broadcasting 

6 Board of Governors to provide 24-hour 

7 service seven days a week to all countries 

8 categorized as nondemocratic in the most 

9 recent Annual Report on Democracy and 

10 the influence such broadcasts may have on 

11 the views of citizens of such countries, in12 cluding information relating to program13 ming on the means of nonviolent protest 

14 and successful movements for democratic 

15 change in other countries around the 

16 world; and 

17 (ii) the advisability of supporting pri18 vate media sources that are not controlled 

19 or owned by the United States, including 

20 by providing grants, loans, or loan guaran21 tees and by establishing a new entity that 

22 would manage such a program to promote 

23 a wider range of view that have no connec24 tion to the United States; 
51 

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1 (C) policy recommendations to the Presi2 dent and Congress regarding ways to improve 

3 United States programs for the promotion of 

4 democracy; and 

5 (D) recommendations for reform of United 

6 States Government agencies involved in the pro7 motion of democracy. 

8 (d) MEMBERSHIP.— 

9 (1) APPOINTMENT.—The Board shall be com10 posed of nine members, who shall be citizens of the 

11 United States and who shall not be officers or em12 ployees of the United States. The members shall be 

13 appointed as follows: 

14 (A) Three members shall be appointed by 

15 the President. 

16 (B) Three members shall be appointed by 

17 the Speaker of the House of Representatives, of 

18 whom two members shall be appointed upon the 

19 recommendation of the leader in the House of 

20 the political party that is not the political party 

21 of the President, and of whom one member 

22 shall be appointed upon the recommendation of 

23 the leader in the House of the other political 

24 party. 
52 

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1 (C) Three members shall be appointed by 

2 the President pro tempore of the Senate, of 

3 whom two members shall be appointed upon the 

4 recommendation of the leader in the Senate of 

5 the political party that is not the political party 

6 of the President, of whom one member shall be 

7 appointed upon the recommendation of the 

8 leader in the Senate of the other party. 

9 (2) SELECTION AND VACANCIES.—Members of 

10 the Board shall be selected from among distin11 guished individuals noted for their knowledge and 

12 experience in fields relevant to the issues to be con13 sidered by the Board, including issues related to the 

14 promotion of democracy, international relations, 

15 management and organization of foreign assistance 

16 or comparable programs, methods and means of 

17 nonviolent protest, academic study and debate of de18 mocracy, human rights, and international law. A va19 cancy on the Board shall not affect its powers, but 

20 shall be filled in the manner in which the original 

21 appointment was made. 

22 (3) TIME FOR APPOINTMENT.—The appoint23 ment of members to the Board under paragraph (1) 

24 shall be made not later than 120 days after the date 

25 of the enactment of this Act. 
53 

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1 (4) TERM OF SERVICE AND SUNSET.—Each 

2 member shall be appointed to the Board for a term 

3 that shall expire on the date that is one year after 

4 the date of the submission of the report under sub5 section (c). The Board shall terminate on the date 

6 that is one year after the date of the submission of 

7 the report under such subsection. 

8 (5) SECURITY CLEARANCES.—The Secretary 

9 shall ensure that all members of the Board, and ap10 propriate experts and consultants under paragraph 

11 (6)(H), obtain relevant security clearances in an ex12 peditious manner. 

13 (6) OPERATION.— 

14 (A) CHAIRPERSON.—Not later than 15 

15 days after the completion of the appointment of 

16 all members to the Board under paragraph (1), 

17 the President shall appoint a chairperson for 

18 the Board from among the members. 

19 (B) MEETINGS.—The Board shall meet at 

20 the call of the chairperson. The initial meeting 

21 of the Board shall be held not later than 30 

22 days after the appointment of the chairperson 

23 under subparagraph (A). 

24 (C) QUORUM.—A majority of the members 

25 of the Board shall constitute a quorum to con-
54 

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1 duct business, but the Board may establish a 

2 lesser quorum for conducting meetings sched3 uled by the Board. 

4 (D) RULES.—The Board may establish by 

5 majority vote any other rules for the operation 

6 of the Board under this paragraph, if such 

7 rules are not inconsistent with this Act or other 

8 applicable law. 

9 (E) TRAVEL EXPENSES.—Members of the 

10 Board shall be allowed travel expenses, includ11 ing per diem in lieu of subsistence, at rates au12 thorized for employees of agencies under sub13 chapter I of chapter 57 of title 5, United States 

14 Code, while away from their homes or regular 

15 places of business in the performance of service 

16 for the Board. 

17 (F) OFFICE SPACE AND ADMINISTRATIVE

18 ASSISTANCE.—Upon the request of the chair19 person of the Board, the Secretary shall provide 

20 reasonable and appropriate office space, sup21 plies, and administrative assistance. 

22 (G) APPLICABILITY OF CERTAIN OTHER

23 LAWS.—Nothing in this section shall be con24 strued to cause the Board to be considered an 

25 agency or establishment of the United States, 
55 

•S 516 IS

1 or to cause members of the Board to be consid2 ered officers or employees of the United States. 

3 Executive branch agencies may conduct pro4 grams and activities and provide services in 

5 support of the activities duties of the Board, 

6 notwithstanding any other provision of law. The 

7 Federal Advisory Committee Act (5 U.S.C. 

8 App.) shall not apply to the Board. 

9 (H) EXPERTS AND CONSULTANTS.—The 

10 Board may procure temporary and intermittent 

11 services under section 3109(b) of title 5, United 

12 States Code. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Board $2,000,000 

15 for each of fiscal years 2006, 2007, and 2008. 

16 SEC. 107. ESTABLISHMENT AND MAINTENANCE OF INTER17 NET SITE FOR GLOBAL DEMOCRACY AND 

18 HUMAN RIGHTS. 

19 (a) ESTABLISHMENT.—In order to facilitate access 

20 by individuals and nongovernmental organizations in for21 eign countries to documents, streaming video and audio, 

22 and other media regarding democratic principles, prac23 tices, and values, and the promotion and strengthening of 

24 democracy, the Secretary, in cooperation with the Under 

25 Secretary, the Under Secretary for Public Diplomacy and 
56 

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1 Public Affairs, and the Assistant Secretary of State for 

2 Democracy, Human Rights, and Labor, shall establish and 

3 maintain an Internet site for global democracy and human 

4 rights. 

5 (b) CONTENTS.—The Internet site for global democ6 racy established under subsection (a) shall contain the fol7 lowing information: 

8 (1) The Executive Summary prepared under 

9 section 102(b)(2)(A), but only to the extent that in10 formation contained therein is not classified. 

11 (2) The texts of the founding documents of the 

12 United States, including the Declaration of Inde13 pendence, the Constitution, appropriate excerpts 

14 from the Federalist Papers, and other documents 

15 that the Under Secretary determines appropriate. 

16 (3) Selected texts of the founding documents of 

17 the leading democratic countries that the Under Sec18 retary determines appropriate. 

19 (4) Narratives and histories of significant 

20 democratic movements in foreign countries, particu21 larly regarding successful nonviolent campaigns to 

22 oust dictatorships. 

23 (5) Narratives relating to the importance of the 

24 establishment of and respect for fundamental free25 doms. 
57 

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1 (6) The annual Trafficking in Persons Report 

2 prepared by the Office to Monitor and Combat Traf3 ficking in Persons of the Department of State. 

4 (7) The annual International Religious Free5 dom Report prepared by the Office of International 

6 Religious Freedom in the Bureau of Human Rights 

7 and Labor of the Department of State. 

8 (8) The annual Country Reports on Human 

9 Rights Practices prepared by the Bureau of Human 

10 Rights and Labor of the Department of State. 

11 (9) Any other documents, references, or links to 

12 external Internet sites the Secretary or Under Sec13 retary determines appropriate, including reference to 

14 or links to training materials regarding successful 

15 movements in the past. 

16 (c) TRANSLATION.— 

17 (1) IN GENERAL.—The Secretary shall ensure 

18 that the relevant country specific sections of the An19 nual Report on Democracy and the country specific 

20 sections of the content described in paragraphs (7) 

21 through (9) of subsection (b) that relate to par22 ticular countries are translated into the principal 

23 languages of such countries and posted on the Inter24 net website described in such subsection. 
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1 (2) DATE FOR POSTING.—Not later than 120 

2 days after the submission of the Annual Report on 

3 Democracy, the translations required by this sub4 section shall be completed. 

5 SEC. 108. PROGRAMS BY UNITED STATES MISSIONS IN FOR6 EIGN COUNTRIES AND ACTIVITIES OF CHIEFS 

7 OF MISSION. 

8 (a) DEVELOPMENT OF PROGRAMS TO PROMOTE DE9 MOCRACY IN FOREIGN COUNTRIES.—The Secretary shall 

10 direct each chief of mission in each foreign country cat11 egorized as nondemocratic in the most recent Annual Re12 port on Democracy to— 

13 (1) develop, as part of annual program plan14 ning, a strategy to promote democracy in the foreign 

15 country and to provide visible and material support 

16 to individuals and nongovernmental organizations in 

17 that country that are committed to democratic prin18 ciples, practices, and values, such as— 

19 (A) consulting and coordinating with such 

20 individuals and organizations regarding the pro21 motion of democracy; 

22 (B) visiting local landmarks and other 

23 local sites associated with nonviolent protest in 

24 support of democracy and freedom from oppres25 sion; 
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1 (C) holding periodic public meetings with 

2 such individuals and organizations to discuss 

3 democracy and political, social, and economic 

4 freedoms; 

5 (D) issuing public condemnation of severe 

6 violations of internationally recognized human 

7 rights (as such term is described in section 

8 116(a) of the Foreign Assistance Act of 1961 

9 (22 U.S.C. 2151n(a)), violations of religious 

10 freedom, including particularly severe violations 

11 of religious freedom (as such terms are defined 

12 in paragraphs (11) and (13) of section 3 of the 

13 International Religious Freedom Act of 1998 

14 (22 U.S.C. 6402)), political repression, and 

15 government-tolerated or condoned trafficking in 

16 persons; and 

17 (E) providing technical, financial, and such 

18 other support to such individuals and organiza19 tions; 

20 (2) hold ongoing discussions with the leaders of 

21 the nondemocratic country regarding a transition to 

22 full democracy and the development of political, so23 cial, and economic freedoms and respect for human 

24 rights, including freedom of religion or belief, in the 

25 country; and 
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1 (3) conduct meetings with civil society, inter2 views with media that can directly reach citizens of 

3 such country, and discussions with students and 

4 young people of the nondemocratic country regard5 ing a transition to democracy and the development 

6 of political, social, and economic freedoms in the 

7 country. 

8 (b) PUBLIC OUTREACH IN FOREIGN COUNTRIES.— 

9 Each chief of mission or principal officer should spend a 

10 substantial amount of time at universities and other insti11 tutions of higher learning to— 

12 (1) debate and discuss values and policies that 

13 promote democracy; and 

14 (2) communicate, promote, and defend such 

15 United States values and policies. 

16 (c) ACCESS TO UNITED STATES MISSIONS.—The 

17 Secretary is authorized and encouraged to allow access to 

18 a United States diplomatic or consular mission in each 

19 foreign country categorized as partly democratic or non20 democratic in the most recent Annual Report on Democ21 racy by individuals and representatives of nongovern22 mental organizations in that country who are committed 

23 to democratic principles, practices, and values in that 

24 country. 
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1 SEC. 109. TRAINING FOR FOREIGN SERVICE OFFICERS. 

2 (a) TRAINING IN DEMOCRACY AND THE PROMOTION

3 OF DEMOCRACY AND HUMAN RIGHTS.—Section 708 of 

4 the Foreign Service Act of 1980 (22 U.S.C. 4028) is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(c) TRAINING ON GLOBAL DEMOCRACY PRO8 MOTION.— 

9 ‘‘(1) IN GENERAL.—In addition to the training 

10 required under subsections (a) and (b), the Sec11 retary of State, in cooperation with other relevant 

12 officials, including the Under Secretary of State for 

13 Global Affairs, and the Director of the National 

14 Foreign Affairs Training Center of the Foreign 

15 Service Institute of the Department of State, shall 

16 establish as part of the training provided after De17 cember 31, 2006, for members of the Service, in18 cluding all chiefs of mission and deputy chiefs of 

19 mission, instruction in how to strengthen and pro20 mote democracy through peaceful means in consulta21 tion with individuals and nongovernmental organiza22 tions that support democratic principles, practice 

23 and values. In particular, such instruction shall be 

24 mandatory for members of the Service having re25 porting or other responsibilities relating to internal 

26 political developments and human rights, including 
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1 religious freedom, in nondemocratic or partly demo2 cratic countries, including for chiefs of mission and 

3 deputy chiefs of mission, and shall be completed be4 fore the time that such member or chief of mission 

5 assumes a post (or, if such is not practical, within 

6 the first year of assuming such post). 

7 ‘‘(2) CONTENTS OF TRAINING.—The training 

8 required under paragraph (1) shall include instruc9 tion, a training manual, and other materials regard10 ing the following: 

11 ‘‘(A) International documents and United 

12 States policy regarding electoral democracy and 

13 respect for human rights. 

14 ‘‘(B) United States policy regarding the 

15 promotion and strengthening of democracy 

16 around the world, with particular emphasis on 

17 the transition to democracy in nondemocratic 

18 countries. 

19 ‘‘(C) For any member, chief of mission, or 

20 deputy chief of mission who is to be assigned to 

21 a foreign country that is categorized as non22 democratic in the Annual Report on Democracy 

23 required under section 102(b) of the Advance 

24 Democratic Values, Address Nondemocratic 
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1 Countries, and Enhance Democracy Act of 

2 2005, instruction regarding— 

3 ‘‘(i) the status of political rights in 

4 such country; 

5 ‘‘(ii) ways to promote democracy in 

6 such country including building relation7 ships and consulting with individuals and 

8 nongovernmental organizations in such 

9 country that support democratic principles, 

10 practices, and values; 

11 ‘‘(iii) providing technical, financial, 

12 and other support to individuals (including 

13 expatriated citizens) and nongovernmental 

14 organizations in such country that support 

15 democratic principles, practices, and val16 ues; 

17 ‘‘(iv) visiting local landmarks and 

18 other local sites associated with nonviolent 

19 protest in support of democracy and free20 dom from oppression; 

21 ‘‘(v) conducting discussions with the 

22 leaders of such country regarding— 

23 ‘‘(I) a transition to full democ24 racy; 
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1 ‘‘(II) political, social, and eco2 nomic freedoms; 

3 ‘‘(III) United States policy to 

4 promote democracy in foreign coun5 tries; and 

6 ‘‘(IV) the possibility that such 

7 leaders might voluntarily cede power; 

8 ‘‘(vi) conducting discussions with the 

9 students and young people of such country 

10 regarding— 

11 ‘‘(I) a transition to full democ12 racy; 

13 ‘‘(II) political, social, and eco14 nomic freedoms; and 

15 ‘‘(III) United States policy to 

16 promote democracy in foreign coun17 tries; 

18 ‘‘(vii) the methods of nonviolent action 

19 and the most effective manner to share 

20 such information with individuals and non21 governmental organizations in such coun22 try that support democratic principles, 

23 practices, and values; and 

24 ‘‘(viii) the investigation and docu25 mentation of violations of internationally 
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1 recognized human rights in coordination 

2 with nongovernmental human rights orga3 nizations, violations of religious freedom, 

4 including particularly severe violations of 

5 religious freedom (as such terms are de6 fined in paragraphs (11) and (13) of sec7 tion 3 of the International Religious Free8 dom Act of 1998 (22 U.S.C. 6402)), polit9 ical repression, and government-tolerated 

10 or condoned trafficking in persons that 

11 occur in such country. 

12 ‘‘(D) The protection of internationally rec13 ognized human rights (including the protection 

14 of religious freedom) and standards related to 

15 such rights, provisions of United States law re16 lated to such rights, the various aspects and 

17 manifestations of violations of such rights, dip18 lomatic tools to promote respect for such rights, 

19 the protection of individuals who have fled their 

20 countries due to violations of such rights (in21 cluding the role of United States embassies in 

22 providing access to the United States Refugee 

23 Admissions Program) and the relationship be24 tween respect for such rights and democratic 

25 development and national security. The Direc-
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1 tor of the National Foreign Affairs Training 

2 Center of the Foreign Service Institute of the 

3 Department of State shall consult with non4 governmental organizations involved in the pro5 tection and promotion of such rights and the 

6 United States Commission on International Re7 ligious Freedom (established under section 

8 201(a) of the International Religious Freedom 

9 Act of 1998 (22 U.S.C. 6431(a)) in developing 

10 the training required by this subparagraph.’’. 

11 (b) OTHER TRAINING.—The Secretary shall ensure 

12 that the training described in subsection (a) is provided 

13 to members of the civil service who are assigned in the 

14 United States or abroad who have reporting or other re15 sponsibilities relating to internal political developments 

16 and human rights in countries that are categorized as 

17 partly democratic or nondemocratic in the Annual Report 

18 on Democracy required under section 102(b). 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as may be 

21 necessary to develop appropriate programs and materials 

22 to accomplish the training required under subsection (c) 

23 of section 708 of the Foreign Service Act of 1980 (22 

24 U.S.C. 4028), as added by subsection (a). 
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1 (d) CLERICAL AMENDMENTS.—Section 708 of the 

2 Foreign Service Act of 1980 is further amended— 

3 (1) in subsection (a) by striking ‘‘(a) The’’ and 

4 inserting ‘‘(a) TRAINING ON HUMAN RIGHTS.— 

5 The’’; and 

6 (2) in subsection (b) by striking ‘‘(b) The’’ and 

7 inserting ‘‘(b) TRAINING ON REFUGEE LAW AND

8 RELIGIOUS PERSECUTION.—The’’. 

9 SEC. 110. PERFORMANCE PAY; PROMOTIONS; FOREIGN 

10 SERVICE AWARDS. 

11 (a) PERFORMANCE PAY.—Section 405(d) of the For12 eign Service Act of 1980 (22 U.S.C. 3965(d)) is amended 

13 by inserting after the second sentence the following new 

14 sentence: ‘‘Meritorious or distinguished service in the pro15 motion of democracy in foreign countries, including con16 tact with and support of individuals and nongovernmental 

17 organizations that promote democracy in a foreign country 

18 categorized as nondemocratic in the most recent Annual 

19 Report on Democracy (as required under section 102(b) 

20 of the Advance Democratic Values, Address Nondemo21 cratic Countries, and Enhance Democracy Act of 2005), 

22 shall also serve as a basis for granting awards under this 

23 section.’’. 

24 (b) PROMOTIONS.—Section 603(b) of the Foreign 

25 Service Act of 1980 (22 U.S.C. 4003(b)) is amended by 
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1 adding at the end the following new sentence: ‘‘Precepts 

2 for selection boards shall also, where applicable, include 

3 an evaluation of whether members of the Service and 

4 members of the Senior Foreign Service have met the 

5 standards of performance established by the Secretary 

6 pursuant to section 110(c) of the Advance Democratic 

7 Values, Address Nondemocratic Countries, and Enhance 

8 Democracy Act of 2005, or have served in a position in 

9 which the primary responsibility is to monitor or promote 

10 democracy or human rights.’’. 

11 (c) REGULATIONS AND EVALUATIONS CONCERNING

12 STANDARDS OF PERFORMANCE AND PROGRAMS TO PRO13 MOTE DEMOCRACY.—With respect to members of the For14 eign Service, including all chiefs of mission, who are as15 signed to foreign countries categorized as nondemocratic 

16 in the most recent Annual Report on Democracy, the Sec17 retary shall prescribe regulations concerning the standards 

18 of performance to be met under sections 405(d) and 

19 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 

20 3965(d) and 4003(b)), as amended by subsections (a) and 

21 (b), respectively, and the development of programs to pro22 mote democracy in foreign countries under section 108. 

23 The requirements of sections 108 and 109(a) shall serve 

24 as one of the bases for performance criteria in evaluating 
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1 chiefs of mission and those officers at posts so designated 

2 by the chief of mission. 

3 (d) FOREIGN SERVICE AWARDS.—Section 614 of the 

4 Foreign Service Act of 1980 (22 U.S.C. 4013) is amended 

5 by adding at the end the following new sentence: ‘‘Distin6 guished or meritorious service in the promotion of democ7 racy in foreign countries, including contact with and sup8 port of individuals and nongovernmental organizations 

9 that promote democracy in a foreign country categorized 

10 as nondemocratic in the most recent Annual Report on 

11 Democracy (as required under section 102(b) of the Ad12 vance Democratic Values, Address Nondemocratic Coun13 tries, and Enhance Democracy Act of 2005), shall also 

14 serve as a basis for granting awards under this section.’’. 

15 (e) CONGRESSIONAL DEMOCRACY AWARD.— 

16 (1) ESTABLISHMENT.—There is established a 

17 Congressional Award for Outstanding Achievements 

18 in Advancing Democracy to be awarded to officers 

19 or employees of the Government of the United 

20 States. The Award shall be in addition to any other 

21 award issued by the Assistant Secretary for Democ22 racy, Human Rights, and Labor for the promotion 

23 of human rights in such countries. 

24 (2) SELECTION.—The Secretary shall establish 

25 procedures for selecting recipients of the Award. The 
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1 criteria for selecting recipients of the Award shall in2 clude whether the candidate has made extraordinary 

3 efforts to promote democracy. 

4 (3) FINANCIAL AWARD.—The recipient of the 

5 Award shall receive not less than $5,000. Such sum 

6 shall be in addition to any other compensation re7 ceived by the recipient. Amounts awarded shall be 

8 drawn from amounts appropriated to the Depart9 ment. 

10 (4) AWARD CEREMONY.—Congress shall host 

11 an annual awards ceremony for the recipient of the 

12 Award. Costs associated with travel by the recipient 

13 to the ceremony shall be paid by the United States. 

14 (5) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to the Sec16 retary such sums as may be necessary to award the 

17 Award, including such sums as may be necessary to 

18 cover costs associated with the Award. 

19 SEC. 111. APPOINTMENTS. 

20 (a) APPOINTMENTS BY THE PRESIDENT.—Section 

21 302 of the Foreign Service Act of 1980 (22 U.S.C. 3942) 

22 is amended by adding at the end the following new sub23 section: 

24 ‘‘(c) If an individual (with respect to subsection (a)) 

25 or a member of the Service (with respect to subsection 
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1 (b)) is appointed by the President to be and if such indi2 vidual or such member has previously served as a chief 

3 of mission of the United States in a country at the time 

4 such country was categorized as nondemocratic in an An5 nual Report on Democracy (required under section 102(b) 

6 of the Advance Democratic Values, Address Non-Demo7 cratic Countries, and Enhance Democracy Act of 2005), 

8 the President shall transmit to the Committee on Foreign 

9 Relations of the Senate a written report summarizing the 

10 actions that such individual or member took during the 

11 period of such prior service to promote democracy and 

12 human rights in such country, including actions in fur13 therance of the action plan contained in such report.’’. 

14 (b) CHIEFS OF MISSION.—Section 304(a)(1) of such 

15 Act (22 U.S.C. 3944(a)(1)) is amended by adding at the 

16 end the following new sentence: ‘‘If the country in which 

17 the individual is to serve is categorized as nondemocratic 

18 in the most recent Annual Report on Democracy (as re19 quired under section 102(b) of the Advance Democratic 

20 Values, Address Non-Democratic Countries, and Enhance 

21 Democracy Act of 2005), the individual should possess 

22 clearly demonstrated competence in and commitment to 

23 the promotion of democracy in that country, including 

24 competence in promoting democratic practices, values, and 

25 ideals through regular interaction with individuals, includ-
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1 ing students and young people within that country, who 

2 support and advocate such principles, practices, and val3 ues.’’. 

4 TITLE II—ALLIANCES WITH 

5 OTHER DEMOCRATIC COUN6 TRIES 

7 SEC. 201. ALLIANCES WITH OTHER DEMOCRATIC COUN8 TRIES. 

9 (a) FINDING.—Congress finds that it is in the na10 tional interest of the United States, including for humani11 tarian, economic, social, political, and security reasons, to 

12 forge alliances with democratic countries to work together 

13 to promote and protect— 

14 (1) shared democratic principles, practices, and 

15 values; and 

16 (2) political, social, and economic freedoms 

17 around the world. 

18 (b) PURPOSES.—The purposes of this title are to en19 courage new ways of forging alliances with democratic 

20 countries in order to— 

21 (1) promote and protect democratic principles, 

22 practices, and values, including the right to free, 

23 fair, and open elections, secret balloting, and uni24 versal suffrage; 
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1 (2) promote and protect fundamental shared 

2 political, social, and economic freedoms, including 

3 the freedoms of association, of expression, of the 

4 press, of religion, and to own private property; 

5 (3) promote and protect respect for the rule of 

6 law; 

7 (4) develop, adopt, and pursue strategies to ad8 vance common interests in international organiza9 tions and multilateral institutions to which members 

10 of the alliance of democratic countries belong; and 

11 (5) provide political, economic, and other nec12 essary support to countries that are undergoing a 

13 transition to democracy. 

14 (c) AUTHORIZATION.—The President is authorized to 

15 take such actions as the President determines to be nec16 essary and appropriate to establish alliances with other 

17 democratic countries to achieve the purposes described in 

18 subsection (b). 

19 (d) SENSE OF CONGRESS REGARDING PARTICIPA20 TION.—It is the sense of Congress that any foreign coun21 try that is categorized as nondemocratic in the most recent 

22 Annual Report on Democracy submitted under section 

23 102(b) should not participate in any alliance of democratic 

24 countries aimed at working together to promote democ25 racy. 
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1 SEC. 202. SENSE OF CONGRESS REGARDING THE ESTAB2 LISHMENT OF A DEMOCRACY CAUCUS. 

3 (a) FINDINGS.—Congress finds that with the passage 

4 of the Intelligence Reform and Terrorism Prevention Act 

5 of 2004 (Public Law 108–458), Congress— 

6 (1) encouraged the establishment of a Democ7 racy Caucus within the United Nations, the United 

8 Nations Human Rights Commission, the United Na9 tions Conference on Disarmament, and at other 

10 broad-based international organizations; and 

11 (2) required increased training in multilateral 

12 diplomacy for members of the Foreign Service and 

13 appropriate members of the Civil Service to support 

14 such an establishment. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that the creation of a Democracy Caucus in each 

17 international organization and multilateral institution of 

18 which the United States is a member will not only improve 

19 the internal governance of such organizations but will also 

20 strengthen the implementation of commitments by such 

21 organizations and institutions regarding democracy and 

22 human rights. 

23 SEC. 203. ANNUAL DIPLOMATIC MISSIONS ON MULTILAT24 ERAL ISSUES. 

25 The Secretary, acting through the principal officers 

26 responsible for advising the Secretary on international or-
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1 ganizations, shall ensure that a high level delegation from 

2 the United States is sent on an annual basis to consult 

3 with key foreign governments in every region to promote 

4 United States policies, including issues related to democ5 racy and human rights, at key international fora, includ6 ing the United Nations General Assembly, the United Na7 tions Human Rights Commission, the Organization for Se8 curity and Cooperation in Europe, and the United Nations 

9 Education, Science, and Cultural Organization. 

10 SEC. 204. STRENGTHENING THE COMMUNITY OF DEMOC11 RACIES. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that establishing a more formal structure for the 

14 Community of Democracies may eventually be necessary 

15 in the future, at which time the United States should 

16 guide and strongly support such a development. It is the 

17 sense of Congress that, if properly funded and supported, 

18 the Community of Democracies can achieve great success 

19 toward the global promotion of democratic principles, 

20 practices, and values. 

21 (b) MEMBERSHIP AUTHORIZED.—The President is 

22 authorized to enter the United States into membership of 

23 the Community of Democracies if the Community should 

24 become an organization. 
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1 (c) REGIONAL GROUP IN THE COMMUNITY OF DE2 MOCRACIES.—It is the sense of Congress that regional 

3 groups within the Community of Democracies should be 

4 established and strengthened in order to facilitate coordi5 nation of common positions and action on multilateral 

6 strategies to promote and consolidate democracy. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) MEMBERSHIP IN COMMUNITY OF DEMOC9 RACIES.—There are authorized to be appropriated 

10 such sums as may be necessary to pay the assessed 

11 costs for membership of the United States in the 

12 Community of Democracies. 

13 (2) COST OF HEADQUARTERS.—There is au14 thorized to be appropriated to the Secretary 

15 $5,000,000 for fiscal year 2006 for a grant or vol16 untary contribution for the acquisition, refurbish17 ment, or construction of a headquarters building for 

18 the Community of Democracies. Such funds may 

19 also be applied toward the costs of meetings and 

20 studies to formalize the location of such head21 quarters, the costs of providing equipment for such 

22 headquarters, and other logistical matters related to 

23 such headquarters. Amounts appropriated for these 

24 purpose are authorized to remain available until ex25 pended. 
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1 (e) DEMOCRACY TRANSITION CENTER.— 

2 (1) SENSE OF CONGRESS.—It is the sense of 

3 Congress that the United States should support the 

4 initiative of the Government of Hungary and the 

5 governments of other European countries to estab6 lish a Democracy Transition Center to support tran7 sitions to full democracy. 

8 (2) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated to the Sec10 retary for a grant or voluntary contribution to the 

11 Democracy Transition Center $4,000,000 for fiscal 

12 year 2006, $3,000,000 for fiscal year 2007, 

13 $2,000,000 for fiscal year 2008, and $1,000,000 for 

14 fiscal year 2009. Amounts appropriated under this 

15 paragraph shall remain available until expended. 

16 (3) USE OF FUNDS.—Any grant or voluntary 

17 contribution made in fiscal year 2006 by the Sec18 retary to the Democracy Transition Center under 

19 paragraph (2) may be used for the establishment 

20 and operations of the Center and for programs and 

21 activities of the Center. Any grant or voluntary con22 tribution made in any subsequent fiscal year by the 

23 Secretary to the Center under such paragraph may 

24 be used for programs and activities of the Center. 
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1 (4) PROGRAMS AND ACTIVITIES.—The pro2 grams and activities of the Democracy Transition 

3 Center referred to in paragraph (3) are programs 

4 and activities that— 

5 (A) develop, adopt, or pursue programs, 

6 campaigns, and tactics to promote the peaceful 

7 transition to democracy in nondemocratic coun8 tries and, in addition, to work with countries 

9 that have gone through a transition to a partly 

10 democratic form of government in order to con11 solidate and accelerate progress toward a fully 

12 democratic form of government; 

13 (B) provide political, financial, and other 

14 necessary support to individuals and nongovern15 mental organizations that promote democratic 

16 principles, practices, and values in each non17 democratic country, including training in non18 violent means of protest and resistance; 

19 (C) support consultations with such indi20 viduals and nongovernmental organizations in 

21 countries that are not fully democratic regard22 ing the best approaches to assist such countries 

23 to make the transition to a fully democratic 

24 form of government; 
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1 (D) establish a dialogue with the leaders of 

2 each nondemocratic country to discuss demo3 cratic principles, practices, and values, funda4 mental freedoms and human rights, and the 

5 possibility of such leaders voluntarily initiating 

6 a transition to democracy; 

7 (E) educate and train diplomats, military 

8 attaches, and other appropriate individuals 

9 from member countries of the Community of 

10 Democracies in the means to promote democ11 racy within host countries that are nondemo12 cratic; and 

13 (F) undertake any other appropriate or 

14 necessary actions that are compatible with the 

15 mission and goal of the Center. 

16 SEC. 205. FUNDING FOR NONGOVERNMENTAL ORGANIZA17 TIONS SUPPORTING A COMMUNITY OF DE18 MOCRACIES. 

19 (a) GRANTS.—The Secretary is authorized to make 

20 grants to United States nongovernmental organizations 

21 which have experience with the Community of Democ22 racies to assist the Community of Democracies and its 

23 Convening Group to plan its interim and annual con24 ferences and other related activities with a focus on issues 
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1 related to the promotion of transitions to and consolida2 tion of democracy. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary such 

5 sums as may be necessary to carry out this section. 

6 SEC. 206. REPORTS. 

7 (a) ANNUAL REPORT ON THE STATUS OF DEMO8 CRATIC ALLIANCES OF THE UNITED STATES.—Not later 

9 than October 1 of each year, the Secretary, in coordination 

10 with the Under Secretary of State, the Assistant Secretary 

11 of State for Democracy, Human Rights, and Labor, and 

12 appropriate international organizations, shall submit to 

13 the appropriate congressional committees an Annual Re14 port on the Status of Democratic Alliances of the United 

15 States. Each Annual Report shall contain the following in16 formation: 

17 (1) An evaluation of the efforts undertaken by 

18 the United States to establish a caucus of demo19 cratic countries in international organizations, multi20 lateral institutions, and related bodies within such 

21 organizations and institutions. 

22 (2) An evaluation of efforts undertaken by the 

23 United States to encourage a more formal frame24 work for the Community of Democracies, including 

25 the creation of supporting institutions. 
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1 (3) An evaluation of the efforts undertaken by 

2 the United States to establish the Democracy Tran3 sition Center. 

4 (4) An evaluation of any other efforts under5 taken by the United States in furtherance of demo6 cratic alliances or cooperation with democratic coun7 tries to promote universal democracy. 

8 (5) An evaluation of the efforts undertaken by 

9 other democratic states belonging to the Community 

10 of Democracies in furtherance of advancing democ11 racy around the world, including through the Com12 munity of Democracies, relevant bodies of the 

13 United Nations, democracy caucuses, regional orga14 nizations, and bilateral policies and foreign assist15 ance. 

16 (b) REPORT REGARDING ELECTION TO A LEADER17 SHIP POST IN INTERNATIONAL ORGANIZATIONS, MULTI18 LATERAL INSTITUTIONS, OR BODIES THEREOF.—In the 

19 event of an election or rotation of any country, or rep20 resentative of any country, to a leadership position in an 

21 international organization or multilateral institution (or 

22 related body thereof) with a mandate to vote on issues 

23 related to democracy and human rights, if such country 

24 is subject to a determination by the Secretary under sec25 tion 620A of the Foreign Assistance Act of 1961 (22 
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1 U.S.C. 2371), section 40 of the Arms Export Control Act 

2 (22 U.S.C. 2780), or section 6(j) of the Export Adminis3 tration Act of 1979 (50 U.S.C. 2405(j)), or if such coun4 try is categorized as nondemocratic in the most recent An5 nual Report on Democracy submitted under section 

6 102(b), the Secretary shall, not later than 15 days after 

7 such election or rotation, notify the appropriate congres8 sional committees of such election or rotation and submit 

9 a classified report evaluating any steps or actions taken 

10 by the United States to prevent such election or rotation 

11 and recommendations for appropriate further steps or ac12 tions. 

13 TITLE III—FUNDING FOR 

14 PROMOTION OF DEMOCRACY 

15 SEC. 301. POLICY. 

16 It shall be the policy of the United States to provide 

17 financial assistance to eligible entities and eligible individ18 uals in order to assist such entities and individuals in the 

19 promotion of democracy in countries categorized as non20 democratic in the most recent Annual Report on Democ21 racy submitted under section 102(b). 

22 SEC. 302. HUMAN RIGHTS AND DEMOCRACY FUND. 

23 (a) FINDINGS.— 

24 (1) The Human Rights and Democracy Fund, 

25 established under section 664 of the Freedom In-
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1 vestment Act of 2002 (subtitle E of title VI of Pub2 lic Law 107–228) provides critical support for 

3 unique projects that promote democracy and human 

4 rights in foreign countries of strategic significance to 

5 the United States. 

6 (2) Support for such projects underscores the 

7 commitment of the United States to— 

8 (A) promote democracy and human rights; 

9 and 

10 (B) fight against terrorism. 

11 (3) Funds allocated to the Human Rights and 

12 Democracy Fund for fiscal years 2000, 2001, 2002, 

13 and 2003 have been $9,000,000, $13,421,000, 

14 $13,000,000 and $31,448,000, respectively. 

15 (4) Additional funding for the Human Rights 

16 and Democracy Fund is in the national interests of 

17 the United States. 

18 (b) PURPOSES OF THE HUMAN RIGHTS AND DEMOC19 RACY FUND.—In addition to uses currently approved for 

20 the Human Rights and Democracy Fund, the Secretary, 

21 acting through the Assistant Secretary of State for De22 mocracy, Human Rights, and Labor shall use amounts ap23 propriated to the Human Rights and Democracy Fund 

24 under subsection (f) to provide assistance to eligible enti25 ties and eligible individuals to promote democracy in for-
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1 eign countries categorized as nondemocratic in the most 

2 recent Annual Report on Democracy submitted under sec3 tion 102(b). The promotion of democracy in such coun4 tries for which such assistance may be provided may in5 clude the following activities: 

6 (1) The publication and distribution of books 

7 and the creation and distribution of other media, in8 cluding audio and video cassettes, compact discs and 

9 digital video discs, and other audio and video publi10 cations, and the purchase and distribution of any 

11 equipment needed to review such books and other 

12 media. Such books and other media should include— 

13 (A) factual news and related information 

14 about current and relevant events and develop15 ments in such country and elsewhere in the 

16 world; and 

17 (B) educational programming designed to 

18 provide information regarding democracy, the 

19 rule of law, free, fair and open elections, free 

20 market economics, fundamental human rights 

21 (including the rights of freedom of speech and 

22 of religion and the rights to be free from slav23 ery and bondage), and successful democratic 

24 movements in history. 
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1 (2) The translation into languages spoken in 

2 such countries of relevant programming and existing 

3 books, videos, and other publications relating to the 

4 subjects specified in subparagraphs (A) and (B) of 

5 paragraph (1). 

6 (3) The promotion of political pluralism within 

7 such countries, including the promotion of non8 governmental organizations and movements that 

9 promote democratic principles, practices, and values. 

10 (4) The promotion of the rule of law and the 

11 protection of minorities. 

12 (5) The creation of educational programs for 

13 leaders and members of democratic movements to 

14 convey information to such individuals regarding the 

15 means of nonviolent force and the methods of non16 violent action. 

17 (6) The creation of programs for student 

18 groups to work with citizens of such countries who 

19 are committed to democratic reforms and to the pro20 motion of a transition to democracy. 

21 (7) The production and distribution of mate22 rials that promote and celebrate democracy and the 

23 equipment needed to produce such materials. 
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1 (8) The creation of cultural exchanges between 

2 citizens of such countries and citizens of the United 

3 States. 

4 (9) The creation of projects to strengthen the 

5 parliaments and parliamentary staff in such coun6 tries. 

7 (10) The creation of programs to ensure trans8 parency and accountability for government revenues 

9 and expenditures, with particular emphasis on reve10 nues derived from extractive industries. 

11 (11) The creation of training programs for citi12 zens of such countries concerning international legal 

13 obligations to support democracy and human rights, 

14 including religious freedom. 

15 (12) Any other activities related to the pro16 motion of democracy or the transition of such coun17 tries to democracy that the Under Secretary deter18 mines appropriate. 

19 (c) FREEDOM INVESTMENT ACT OF 2002.—Section 

20 664(b) of the Freedom Investment Act of 2002 (subtitle 

21 E of title VI of Public Law 107–228), relating to the pur22 poses of the Human Rights and Democracy Fund, is 

23 amended— 

24 (1) in paragraph (4), by striking ‘‘and’’ at the 

25 end; 
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1 (2) by redesignating paragraph (5) as para2 graph (6); 

3 (3) by inserting after paragraph (4) the fol4 lowing new paragraph: 

5 ‘‘(5) to support the study of democracy abroad, 

6 including support for debates and discussions at aca7 demic institutions, regarding the values and benefits 

8 of democracy; and’’; and 

9 (4) in paragraph (6), as redesignated by para10 graph (2) of this subsection, by striking ‘‘(4)’’ and 

11 inserting ‘‘(5)’’. 

12 (d) ADMINISTRATIVE AUTHORITIES.—Assistance 

13 provided through the Human Rights and Democracy Fund 

14 may be provided to eligible entities and eligible individuals 

15 in foreign countries notwithstanding any provisions of law 

16 that prohibit assistance to a foreign country or to a gov17 ernment of a foreign country. 

18 (e) ANNUAL REPORT ON THE STATUS OF THE

19 HUMAN RIGHTS AND DEMOCRACY FUND.—Within 60 

20 days of the conclusion of each fiscal year, the Assistant 

21 Secretary of State for Democracy, Human Rights, and 

22 Labor shall submit to the appropriate congressional com23 mittees an annual report on the status of the Human 

24 Rights and Democracy Fund. Each such annual report 

25 shall contain the following information: 
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1 (1) An identification of each eligible entity and 

2 eligible individual who received assistance during the 

3 previous fiscal year under subsection (b) and a sum4 mary of the activities of each such recipient. 

5 (2) An account of projects funded and outside 

6 contributions received during the previous fiscal 

7 year. 

8 (3) A balance sheet of income and outlays cur9 rent as of the conclusion of fiscal year to which such 

10 report is relevant. 

11 (f) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) IN GENERAL.—There are authorized to be 

13 appropriated to the Human Rights and Democracy 

14 Fund to carry out the purposes of this section 

15 $100,000,000 for fiscal year 2006 and 

16 $150,000,000 for fiscal year 2007. Amounts appro17 priated under this section shall remain available 

18 until expended. 

19 (2) ADMINISTRATIVE EXPENSES.—Not more 

20 than five percent of amounts appropriated to the 

21 Human Rights and Democracy Fund for each fiscal 

22 year may be applied toward administrative expenses 

23 of the carrying out this section. 

24 (3) CONTRIBUTIONS.—The Secretary may ac25 cept contributions to the Human Rights and Democ-
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1 racy Fund from the governments of other demo2 cratic countries, private foundations, private citizens, 

3 and other nongovernmental sources. 

4 TITLE IV—SUPPORT FOR SPE5 CIAL AND REGIONAL INITIA6 TIVES 

7 SEC. 401. FINDINGS. 

8 Congress makes the following findings: 

9 (1) The Helsinki Final Act of 1975 of the Con10 ference on Security and Cooperation in Europe (1 

11 August 1975) and the Helsinki Process empowered 

12 democrats living in nondemocratic countries to orga13 nize and insist that the governments of such coun14 tries honor the commitments to economic and 

15 human rights that such governments had pledged. 

16 These local democrats and the Helsinki Process 

17 played a fundamental role in bringing about the 

18 peaceful end to the communist dictatorships of East19 ern Europe. 

20 (2) Since 1975, Algeria, Egypt, Israel, Jordan, 

21 Morocco, and Tunisia have been ‘‘Mediterranean 

22 Partners for Cooperation’’ with the Organization for 

23 Security and Cooperation in Europe. 

24 (3) Conferences regarding security and coopera25 tion in the regions of Africa, Asia, and the Middle 
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1 East present an opportunity to establish an agree2 ment concerning organizing principles and processes 

3 to guide the countries of these regions in the transi4 tion to greater security, prosperity, justice, and free5 dom. 

6 (4) At the Second Ministerial Conference of the 

7 Community of Democracies in Seoul, South Korea, 

8 all participating governments endorsed the impor9 tance of furthering democracy through the formation 

10 of regional groups and initiatives. United States sup11 port for this regional approach would have a bene12 ficial impact on the promotion of democracy in non13 democratic countries. 

14 SEC. 402. SENSE OF CONGRESS REGARDING SUPPORT FOR 

15 REGIONAL INITIATIVES. 

16 It is the sense of Congress that the President, acting 

17 through the Secretary, the Under Secretary, and relevant 

18 United States chiefs of mission, should support the efforts 

19 of countries and groups in the regions of the Mediterra20 nean, the Middle East, Asia, and Africa to organize re21 gional processes similar to the Helsinki Process to pro22 mote better relations among each other and among the 

23 other countries of the world, to promote peaceful relations, 

24 to strengthen regional security, and to promote funda25 mental rights and political, economic, and social progress. 
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1 TITLE V—PRESIDENTIAL 

2 ACTIONS 

3 SEC. 501. DESCRIPTION OF PRESIDENTIAL ACTIONS. 

4 (a) AUTHORIZATION.—With respect to a foreign 

5 country categorized as nondemocratic in the most recent 

6 Annual Report on Democracy submitted under section 

7 102(b), the President is authorized to— 

8 (1) issue a private or public demarche to, or a 

9 public condemnation of, the government or any offi10 cial of the government of such country; 

11 (2) issue a public condemnation within one or 

12 more multilateral fora to the government or any offi13 cial of the government of such country; 

14 (3) recall the chief of mission to such country; 

15 (4) investigate, block during the pendency of an 

16 investigation, regulate, direct and compel, nullify, 

17 void, prevent, or prohibit any acquisition, holding, 

18 withholding, use, transfer, withdrawal, transpor19 tation, importation or exportation of, or dealing in, 

20 or exercising any right, power, or privilege with re21 spect to, or transactions involving, any property sub22 ject to the jurisdiction of the United States in which 

23 the government of such country or any official of the 

24 government of such country has any interest; 
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1 (5) instruct, through the Secretary of the 

2 Treasury, the United States executive directors to 

3 each international financial institution to vote 

4 against and actively oppose any extension by the re5 spective institution of any loan, credit, or guarantee 

6 to or for the benefit of the government, or any speci7 fied official of the government, of such country; 

8 (6) direct the Overseas Private Investment Cor9 poration, and the Trade and Development Agency, 

10 as appropriate, to not approve the issuance of any 

11 (or a specified number of) guarantees, insurance, ex12 tensions of credit, or participations in the extension 

13 of credit for the benefit of or with respect to the 

14 government, or any specified official of the govern15 ment, of such country; 

16 (7) prohibit the United States from procuring, 

17 or entering into any contract for the procurement of, 

18 any goods or services from any specified official of 

19 the government of such country; 

20 (8) order the heads of appropriate United 

21 States agencies to not issue any (or a specified num22 ber of) specific licenses, and to not grant any other 

23 specific authority (or a specified number of authori24 ties), to export any goods or technology to any speci25 fied official of the government of such country, or to 
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1 any other specified resident of such country, 

2 under— 

3 (A) the Export Administration Act of 1979 

4 (50 U.S.C. App. 2401 et seq.); 

5 (B) the Arms Export Control Act (22 

6 U.S.C. 2751 et seq.); 

7 (C) the Atomic Energy Act of 1954 (42 

8 U.S.C. 2011 et seq.); or 

9 (D) any other Federal law that requires 

10 the prior review and approval of the United 

11 States as a condition for the export or reexport 

12 of goods or services; and 

13 (9) consistent with section 212(f) of the Immi14 gration and Nationality Act (8 U.S.C 1182(f)), deny 

15 entry into the United States of any specified alien 

16 who— 

17 (A) is an official of the government of such 

18 country; or 

19 (B) is a spouse, minor child, or agent of 

20 such an official. 

21 (b) NO EFFECT ON EXISTING LAW.—The encourage22 ment to Presidential action provided under this section is 

23 in addition to and shall not supersede United States obli24 gations under domestic law or international agreement. 
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1 (c) REGULATIONS.—The President may issue such 

2 regulations, including regulations prescribing definitions, 

3 as may be necessary for the exercise of the actions de4 scribed in this section. 

5 SEC. 502. INVESTIGATION OF VIOLATIONS OF INTER6 NATIONAL HUMANITARIAN LAW. 

7 (a) IN GENERAL.—The President, with the assist8 ance of the Secretary, the Under Secretary, and the Am9 bassador-at-Large for War Crimes Issues, shall collect in10 formation regarding incidents that may constitute crimes 

11 against humanity, genocide, slavery, or other violations of 

12 international humanitarian law by leaders or other govern13 ment officials of foreign countries categorized as nondemo14 cratic in the most recent Annual Report on Democracy 

15 submitted under section 102(b). 

16 (b) REPORT.—Not later than January 15 of each 

17 year, the President, acting through the Secretary, with the 

18 assistance of the Under Secretary and the Ambassador19 at-Large for War Crimes Issues, shall submit to the ap20 propriate congressional committees a report concerning 

21 the information collected under subsection (a) and any 

22 findings, determinations, or recommendations made on the 

23 basis of such information. 

24 (c) ACCOUNTABILITY.—The President shall consider 

25 what actions can be taken to ensure that the leaders or 
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1 other government officials of foreign countries who are 

2 identified in accordance with subsection (a) as responsible 

3 for crimes against humanity, genocide, slavery, or other 

4 violations of international humanitarian law are brought 

5 to account for such crimes in an appropriately constituted 

6 tribunal. 

7 (d) LIMITATION ON DISCLOSURE.—Nothing con8 tained in this section shall require the disclosure, on a 

9 classified or unclassified basis, of information that the 

10 President determines would jeopardize sensitive sources 

11 and methods or other national security interests of the 

12 United States. 

13 SEC. 503. PRESIDENTIAL COMMUNICATIONS. 

14 (a) FINDING.—Congress finds that direct commu15 nications from the President to citizens of countries that 

16 are categorized as nondemocratic in the most recent An17 nual Report on Democracy submitted under section 

18 102(b) would be extremely beneficial to demonstrate that 

19 the United States supports such citizens and the efforts 

20 and actions of such citizens to promote and achieve transi21 tion to democracy in such countries. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 

24 (1) from time to time as the President shall de25 termine appropriate, the President should broadcast 
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1 a message to the citizens of countries categorized as 

2 nondemocratic in the most recent Annual Report on 

3 Democracy submitted under section 102(b) express4 ing the support of the United States for such citi5 zens, discussing democratic principles, practices, and 

6 values, and political, social, and economic freedoms, 

7 and condemning violations of internationally recog8 nized human rights (as such term is described in 

9 section 116(a) of the Foreign Assistance Act of 

10 1961 (22 U.S.C. 2151n(a))), violations of religious 

11 freedom, including particularly severe violations of 

12 religious freedom (as such terms are defined in 

13 paragraphs (11) and (13) of section 3 of the Inter14 national Religious Freedom Act of 1998 (22 U.S.C. 

15 6402)), political repression, and government-toler16 ated or condoned trafficking in persons that occur in 

17 such country; and 

18 (2) the President should encourage leaders of 

19 other democratic countries to make similar broad20 casts. 
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1 TITLE VI—NATIONAL SECURITY 

2 COUNCIL 

3 SEC. 601. SPECIAL ASSISTANT ON NONDEMOCRATIC COUN4 TRIES. 

5 Section 101 of the National Security Act of 1947 (50 

6 U.S.C. 402) is amended— 

7 (1) by redesignating the second subsection (i), 

8 as added by section 301 of the International Reli9 gious Freedom Act of 1998 (Public Law 105–292), 

10 as subsection (k); and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(l) It is the sense of Congress that there should be 

14 within the staff of the National Security Council a Special 

15 Assistant to the President on Nondemocratic Countries 

16 and Transition to Democracy whose position should be 

17 comparable to that of a senior director within the Execu18 tive Office of the President. The Special Assistant should 

19 serve as liaison with the Under Secretary of State for 

20 Global Affairs, Congress and, as advisable, nongovern21 mental organizations committed to the promotion of de22 mocracy. The Special Assistant should serve as a resource 

23 for executive branch officials to— 

24 ‘‘(1) compile and maintain information on the 

25 facts and circumstances of actions by the leaders of 
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1 nondemocratic countries and any threats to national 

2 and global security posed by such countries; 

3 ‘‘(2) support interagency meetings either at the 

4 Deputy or Assistant Secretary level to discuss— 

5 ‘‘(A) the promotion of democracy; 

6 ‘‘(B) the protection of human rights; and 

7 ‘‘(C) individualized strategies for the pro8 motion of democracy in nondemocratic and 

9 partly democratic countries; 

10 ‘‘(3) facilitate transition to a fully democratic 

11 form of government for countries that are partly 

12 democratic; and 

13 ‘‘(4) make policy recommendations.’’. 

Æ