[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1310 Reported in Senate (RS)]
<DOC>
Calendar No. 333
116th CONGRESS
1st Session
S. 1310
To strengthen the participation of elected national legislators in the
activities of the Organization of American States and reaffirm United
States support for Organization of American States human rights and
anti-corruption initiatives, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2019
Mr. Cardin (for himself, Mr. Wicker, and Mr. Kaine) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
December 17, 2019
Reported by Mr. Risch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To strengthen the participation of elected national legislators in the
activities of the Organization of American States and reaffirm United
States support for Organization of American States human rights and
anti-corruption initiatives, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Organization of American
States Legislative Engagement Act of 2019''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) The Charter of the Organization of American
States establishes that ``representative democracy is an
indispensable condition for the stability, peace and
development of the region''.</DELETED>
<DELETED> (2) Article 2 of the Inter-American Democratic
Charter of the Organization of American States affirms that
``the effective exercise of representative democracy is the
basis for the rule of law and of the constitutional regimes of
the member states of the Organization of American
States''.</DELETED>
<DELETED> (3) Article 26 of the Inter-American Democratic
Charter states that ``the OAS will continue to carry out
programs and activities designed to promote democratic
principles and practices and strengthen a democratic culture in
the Hemisphere''.</DELETED>
<DELETED> (4) In accordance with the OAS Charter and the
Inter-American Democratic Charter, the OAS General Assembly,
OAS Permanent Council, and OAS Secretariat have established a
wide range of cooperative agreements with domestic and
international organizations, including national legislative
institutions.</DELETED>
<DELETED> (5) In 2004, OAS General Assembly Resolution 2044
(XXXIV-O/04) appealed for the ``strengthening of legislatures,
as well as inter-parliamentary cooperation on key items of the
inter-American agenda, with a view, in particular, to
generating initiatives to fight corruption, poverty,
inequality, and social exclusion''.</DELETED>
<DELETED> (6) In 2005, OAS General Assembly Resolution 2095
(XXXV-O/05) called on the OAS Secretariat to ``invite [. . .]
the presidents or speakers of the national legislative
institutions of the Americas, i.e., congresses, parliaments, or
national assemblies, [. . .] to attend a special meeting of the
Permanent Council [. . .] for the initiation of a dialogue on
topics on the hemispheric agenda''.</DELETED>
<DELETED> (7) In 2014 and 2015, the OAS Secretariat expanded
its engagement with elected national legislators from OAS
member states by convening two meetings of presidents of
national legislatures, first in Lima, Peru and subsequently in
Santiago, Chile.</DELETED>
<DELETED> (8) However, no formal, permanent procedures exist
to facilitate the participation of elected national legislators
from OAS member states in OAS activities.</DELETED>
<DELETED> (9) The Organization for Security and Co-operation
in Europe (OSCE) Parliamentary Assembly has proven successful
at strengthening inter-parliamentary cooperation among its
member states.</DELETED>
<DELETED>SEC. 3. SENSE OF CONGRESS.</DELETED>
<DELETED> It is that sense of Congress that--</DELETED>
<DELETED> (1) elected national legislators play an essential
role in the exercise of representative democracy in the
Americas, including--</DELETED>
<DELETED> (A) promoting the rule of law and
combating corruption;</DELETED>
<DELETED> (B) defending human rights and fundamental
freedoms; and</DELETED>
<DELETED> (C) advancing the principles and practices
expressed in the Charter of the Organization of
American States, the American Declaration on the Rights
and Duties of Man, and the Inter-American Democratic
Charter;</DELETED>
<DELETED> (2) establishing procedures and formal mechanisms
to facilitate and formalize the participation of elected
national legislators from OAS member states in OAS activities
would contribute to the promotion of democratic principles and
practices and strengthen a democratic culture in the Western
Hemisphere;</DELETED>
<DELETED> (3) increasing and strengthening the participation
of elected national legislators from OAS member states in OAS
activities would advance the principles and proposals expressed
in section 4 of the Organization of American States
Revitalization and Reform Act of 2013 (Public Law 113-41; 127
Stat. 549);</DELETED>
<DELETED> (4) the OAS General Assembly, OAS Permanent
Council, and OAS Secretariat should take all necessary steps to
ensure greater participation of elected national legislators
from OAS member states in OAS activities;</DELETED>
<DELETED> (5) the OAS Permanent Council resolutions titled
``Guidelines for the Participation of Civil Society in OAS
Activities'' and ``Strategies for Increasing and Strengthening
Participation by Civil Society Organizations in OAS
Activities'' should serve as important references for efforts
to bolster the participation of elected national legislators
from OAS member states in OAS activities; and</DELETED>
<DELETED> (6) the successful experience of the Organization
for Security and Co-operation in Europe Parliamentary Assembly
should serve as a model to the OAS in creating a similar
mechanism.</DELETED>
<DELETED>SEC. 4. STRENGTHENING PARTICIPATION OF LEGISLATORS AT THE
OAS.</DELETED>
<DELETED> (a) In General.--The Secretary of State, acting through
the United States Mission to the Organization of American States, shall
take all necessary steps to establish formal procedures for the
Organization of American States that--</DELETED>
<DELETED> (1) increase the participation of elected national
legislators from OAS member state countries in OAS activities,
specifically including activities that advance the principles
of the Inter-American Democratic Charter;</DELETED>
<DELETED> (2) create an annual forum for the presidents of
national legislatures from OAS member states to discuss issues
of hemispheric importance, including regional efforts to combat
corruption and defend human rights;</DELETED>
<DELETED> (3) permit elected national legislators from OAS
member states to make presentations, contribute information,
and provide expert advice, as appropriate, to the OAS
Secretariat, OAS Permanent Council, and OAS General
Assembly;</DELETED>
<DELETED> (4) leads to the creation of a formalized body or
mechanism to permanently facilitate the participation of
national legislators in OAS activities; and</DELETED>
<DELETED> (5) strengthen OAS Secretariat programs that
provide technical assistance for the modernization and
institutional consolidation of national legislatures from OAS
member states.</DELETED>
<DELETED> (b) Diplomatic Engagement and Coordination.--The Secretary
of State, as appropriate, shall carry out diplomatic engagement to
secure political and financial support for the establishment of the
procedures set forth in subsection (a).</DELETED>
<DELETED> (c) Progress Report.--Not later than one year after the
date of the enactment of this Act, the Secretary of State shall submit
to the Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives a report on OAS
processes, initiatives, and reforms undertaken to implement this
section.</DELETED>
<DELETED>SEC. 5. SUPPORT FOR OAS HUMAN RIGHTS AND ANTI-CORRUPTION
INITIATIVES.</DELETED>
<DELETED> (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
<DELETED> (1) the Organization of American States' Inter-
American Commission on Human Rights is the preeminent
institution for defending human rights in the
Americas;</DELETED>
<DELETED> (2) the United States should take all necessary
steps to support and strengthen the role of the Inter-American
Commission on Human Rights and its work in the
Americas;</DELETED>
<DELETED> (3) the efforts of the OAS Secretary General and
Secretariat to combat corruption and impunity in the Americas
represent important contributions to strengthening the rule of
law and democratic governance in the Americas; and</DELETED>
<DELETED> (4) the United States should support efforts to
ensure the effectiveness and independence of OAS initiatives to
combat corruption and impunity in the Americas.</DELETED>
<DELETED> (b) Anti-Corruption and Human Rights Promotion Strategy.--
Not later than 180 days after the date of the enactment of the Act, the
Secretary of State shall submit to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House of
Representatives a strategy for supporting OAS anti-corruption and human
rights promotion efforts, including--</DELETED>
<DELETED> (1) an assessment of United States programs,
activities, and initiatives with the OAS to support anti-
corruption and human rights promotion in the
Americas;</DELETED>
<DELETED> (2) a summary of steps taken by the United States
Mission to the OAS to strengthen the role of the Inter-American
Commission on Human Rights, and to support anti-corruption and
anti-impunity efforts in the Americas;</DELETED>
<DELETED> (3) an assessment of necessary reforms and
initiatives to prioritize and reinforce the OAS Secretary
General and Secretariat's efforts to advance human rights and
combat corruption and impunity in the Americas;</DELETED>
<DELETED> (4) a detailed strategy to facilitate increased
OAS collaboration, as appropriate, with relevant stakeholders,
including legislators and civil society, in support of a multi-
sectoral approach to anti-corruption, anti-impunity, and human
rights promotion efforts in the Americas; and</DELETED>
<DELETED> (5) a detailed plan for implementing the strategy
set forth in this section of the Act.</DELETED>
<DELETED> (c) Annual Report.--General.--Not later than one year
after the date of the enactment of this Act, and annually thereafter,
the Secretary of State shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report on actions taken to implement the
strategy mandated under subsection (b). The report shall include--
</DELETED>
<DELETED> (1) an analysis of the progress made by the OAS to
adopt and effectively implement reforms and initiatives to
advance human rights and combat corruption and impunity in the
Americas; and</DELETED>
<DELETED> (2) a detailed assessment of OAS efforts to
increase multi-sectoral stakeholder engagement to advance human
rights and combat corruption and impunity in the
Americas.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organization of American States
Legislative Engagement Act of 2019''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Charter of the Organization of American States
establishes that ``representative democracy is an indispensable
condition for the stability, peace and development of the
region''.
(2) Article 2 of the Inter-American Democratic Charter of
the Organization of American States affirms that ``the
effective exercise of representative democracy is the basis for
the rule of law and of the constitutional regimes of the member
states of the Organization of American States''.
(3) Article 26 of the Inter-American Democratic Charter
states that ``the OAS will continue to carry out programs and
activities designed to promote democratic principles and
practices and strengthen a democratic culture in the
Hemisphere''.
(4) In accordance with the OAS Charter and the Inter-
American Democratic Charter, the OAS General Assembly, OAS
Permanent Council, and OAS Secretariat have established a wide
range of cooperative agreements with domestic and international
organizations, including national legislative institutions.
(5) In 2004, OAS General Assembly Resolution 2044 (XXXIV-O/
04) appealed for the ``strengthening of legislatures, as well
as inter-parliamentary cooperation on key items of the inter-
American agenda, with a view, in particular, to generating
initiatives to fight corruption, poverty, inequality, and
social exclusion''.
(6) In 2005, OAS General Assembly Resolution 2095 (XXXV-O/
05) called on the OAS Secretariat to ``invite [. . .] the
presidents or speakers of the national legislative institutions
of the Americas, i.e., congresses, parliaments, or national
assemblies, [. . .] to attend a special meeting of the
Permanent Council [. . .] for the initiation of a dialogue on
topics on the hemispheric agenda''.
(7) In 2014 and 2015, the OAS Secretariat expanded its
engagement with elected national legislators from OAS member
states by convening two meetings of presidents of national
legislatures, first in Lima, Peru and subsequently in Santiago,
Chile.
(8) However, no permanent procedures exist to facilitate
the participation of elected national legislators from OAS
member states in OAS activities.
(9) The Organization for Security and Co-operation in
Europe (OSCE) Parliamentary Assembly has proven successful at
strengthening inter-parliamentary cooperation among its member
states.
SEC. 3. SENSE OF CONGRESS.
It is that sense of Congress that--
(1) elected national legislators play an essential role in
the exercise of representative democracy in the Americas,
including by--
(A) promoting economic freedom and respect for
property rights;
(B) promoting the rule of law and combating
corruption;
(C) defending human rights and fundamental
freedoms; and
(D) advancing the principles and practices
expressed in the Charter of the Organization of
American States, the American Declaration on the Rights
and Duties of Man, and the Inter-American Democratic
Charter;
(2) establishing procedures and mechanisms to facilitate
the participation of elected national legislators from OAS
member states in OAS activities would contribute to the
promotion of democratic principles and practices and strengthen
a democratic culture in the Western Hemisphere;
(3) increasing and strengthening the participation of
elected national legislators from OAS member states in OAS
activities would advance the principles and proposals expressed
in section 4 of the Organization of American States
Revitalization and Reform Act of 2013 (Public Law 113-41; 127
Stat. 549);
(4) the OAS General Assembly, OAS Permanent Council, and
OAS Secretariat should take steps to facilitate greater
participation of elected national legislators from OAS member
states in OAS activities;
(5) the OAS Permanent Council resolutions titled
``Guidelines for the Participation of Civil Society in OAS
Activities'' and ``Strategies for Increasing and Strengthening
Participation by Civil Society Organizations in OAS
Activities'' should serve as important references for efforts
to bolster the participation of elected national legislators
from OAS member states in OAS activities; and
(6) the successful experience of the Organization for
Security and Co-operation in Europe Parliamentary Assembly
should serve as a model to the OAS in creating a similar
mechanism.
SEC. 4. STRENGTHENING PARTICIPATION OF ELECTED NATIONAL LEGISLATORS AT
THE OAS.
(a) In General.--The Secretary of State, acting through the United
States Mission to the Organization of American States, should use the
voice and vote of the United States to support the creation of
procedures for the Organization of American States that--
(1) enhance the participation of elected national
legislators from OAS member state countries in OAS activities
that--
(A) advance the principles of the Inter-American
Democratic Charter;
(B) support the adoption and implementation of a
results-based budgeting process for the OAS;
(C) support the adoption and effective
implementation of transparent and merit-based human
resource standards at the OAS;
(D) support the adoption and effective
implementation of practices to solicit member quotas to
be paid on a schedule that will improve consistency of
the operating budget of the OAS; and
(E) support the review, streamlining, and
prioritization of OAS mandates to focus on core
missions and make efficient and effective use of
available funding;
(2) create an annual forum for the presidents of national
legislatures from OAS member states to discuss issues of
hemispheric importance, including regional efforts to defend
human rights and combat transnational criminal activities,
corruption, and impunity;
(3) permit elected national legislators from OAS member
states to make presentations, contribute information, and
provide expert advice, as appropriate, to the OAS Secretariat,
OAS Permanent Council, and OAS General Assembly about OAS
activities on issues of hemispheric importance;
(4) lead to the creation of a mechanism to regularly
facilitate the participation of elected national legislators in
OAS activities; and
(5) reinforce OAS Secretariat programs that provide
technical assistance for the modernization and institutional
strengthening of national legislatures from OAS member states.
(b) Expenses.--The Secretary of State, acting through the United
States Mission to the Organization of American States, as appropriate,
shall seek to ensure that expenses related to the procedures set forth
in this Act do not increase member quotas or assessed fees.
SEC. 5. SUPPORT FOR OAS HUMAN RIGHTS AND ANTI-CORRUPTION INITIATIVES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Organization of American States' Inter-American
Commission on Human Rights is the preeminent institution for
defending human rights in the Americas;
(2) the United States should take all necessary steps to
support and strengthen the role of the Inter-American
Commission on Human Rights and its work in the Americas;
(3) the efforts of the OAS Secretary General and
Secretariat to combat corruption and impunity in the Americas
represent important contributions to strengthening the rule of
law and democratic governance in the Americas; and
(4) the United States should support efforts to ensure the
effectiveness and independence of OAS initiatives to combat
corruption and impunity in the Americas.
(b) Anti-corruption and Human Rights Promotion Strategy.--Not later
than 180 days after the date of the enactment of the Act, the Secretary
of State shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a strategy for supporting OAS anti-corruption and human
rights promotion efforts. The strategy should include--
(1) an assessment of United States programs, activities,
and initiatives with the OAS to support anti-corruption and
human rights promotion in the Americas;
(2) a summary of steps taken by the United States Mission
to the OAS to strengthen the role of the Inter-American
Commission on Human Rights, and to support anti-corruption and
anti-impunity efforts in the Americas;
(3) an assessment of necessary reforms and initiatives to
prioritize and reinforce the OAS Secretary General and
Secretariat's efforts to advance human rights and combat
corruption and impunity in the Americas;
(4) a detailed plan to facilitate increased OAS
collaboration, as appropriate, with relevant stakeholders,
including elected national legislators and civil society, in
support of a multi-sectoral approach to promote human rights
and combat transnational criminal activities, corruption, and
impunity in the Americas; and
(5) a detailed plan for implementing the strategy set forth
in this section of the Act.
SEC. 6. REPORTING REQUIREMENTS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a report on OAS
processes, initiatives, and reforms undertaken to implement section 4,
actions taken to implement the strategy mandated under section 5(b),
and steps taken to implement the Organization of American States
Revitalization and Reform Act of 2013 (Public Law 113-41). The report
should include--
(1) an analysis of the progress made by the OAS to adopt
and effectively implement reforms and initiatives to advance
human rights and combat corruption and impunity in the
Americas; and
(2) a detailed assessment of OAS efforts to increase multi-
sectoral stakeholder engagement to advance human rights and
combat corruption and impunity in the Americas.
(b) Briefings.--Not later than one year after the Secretary of
State submits the report required under subsection (a), and annually
thereafter for two additional years, the Secretary shall provide to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a briefing on the
information required to be included in such report.
SEC. 7. SENSE OF CONGRESS ON ELECTED NATIONAL LEGISLATOR.
It is the sense of Congress that an elected national legislator
participating in the activities outlined in this Act should be an
individual that--
(1) was elected as a result of periodic, free and fair
elections;
(2) respects internationally recognized human rights and
basic freedoms as set forth in the United Nations Universal
Declaration of Human Rights, the International Covenant on
Civil and Political Rights, the American Convention on Human
Rights, and the principles of the Inter-American Democratic
Charter; and
(3) is not known to be under investigation or convicted for
corruption or transnational criminal activities, including
trafficking of people, goods, or illicit narcotics, money-
laundering, terrorist financing, acts of terrorism, campaign
finance violations, bribery, or extortion.
Calendar No. 333
116th CONGRESS
1st Session
S. 1310
_______________________________________________________________________
A BILL
To strengthen the participation of elected national legislators in the
activities of the Organization of American States and reaffirm United
States support for Organization of American States human rights and
anti-corruption initiatives, and for other purposes.
_______________________________________________________________________
December 17, 2019
Reported with an amendment