[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 3016 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 3016
To promote freedom, economic growth, and security in Asia, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 19, 2004
Mr. McConnell (for himself and Mr. Lugar) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To promote freedom, economic growth, and security in Asia, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asia Freedom Act of 2004''.
SEC. 2. STATEMENT OF POLICY.
Liberty is a universal and inalienable right, and, in light of the
progress of the people of North and South East Asia in achieving
political, economic, and legal reforms, the advancement of democracy,
human rights, the rule of law, and economic freedom in North and South
East Asia is and will remain a central objective of United States
foreign policy.
SEC. 3. DEFINITION OF NORTH AND SOUTH EAST ASIA.
In this Act, the term ``North and South East Asia'' means Burma,
Cambodia, the Democratic Republic of Timor-Leste, Hong Kong, Indonesia,
Laos, Macau, Malaysia, Mongolia, the People's Republic of China, the
Philippines, the Republic of Korea, Singapore, Brunei, Papua New
Guinea, the Socialist Republic of Vietnam, Thailand, Taiwan, the
Republic of the Fiji Islands, the Independent State of Samoa, the
Solomon Islands, the Kingdom of Tonga, Tuvalu, the Republic of Nauru,
the Republic of the Marshall Islands, the Federated States of
Micronesia, the Republic of Vanuatu, and Tibet.
SEC. 4. PURPOSE.
The purpose of this Act is to promote regional peace and stability
in North and South East Asia and enhance the security of the United
States by--
(1) fostering improved living conditions for, and the
economic well-being of, the people of North and South East
Asia;
(2) supporting freedom, human rights, and justice in North
and South East Asia;
(3) countering international terrorism and regional
narcotics trafficking in North and South East Asia; and
(4) expanding free markets in North and South East Asia.
SEC. 5. ASSISTANCE FOR NORTH AND SOUTH EAST ASIA.
The President is authorized to provide assistance to North and
South East Asia for the following purposes:
(1) Humanitarian needs.--Meeting humanitarian needs arising
from manmade or natural disasters and crises.
(2) Democracy, human rights, and the rule of law.--
Establishing and facilitating democratic and free societies,
including by--
(A) fostering political, social, and economic
pluralism;
(B) fostering respect for internationally
recognized human rights and the rule of law, including
the rights of people with disabilities;
(C) encouraging the development of institutions of
democratic governance, including electoral,
legislative, and judicial processes;
(D) fostering the institution and improvement of
public administration at the national,
intergovernmental, regional, and local levels;
(E) assisting in the development of, and providing
ongoing support to, grassroots and nongovernmental
organizations that promote democracy, the rule of law,
human rights, and accountability and transparency in
the political process;
(F) encouraging international exchanges, other
forms of public diplomacy, and the use of the Internet
to promote greater understanding and appreciation of
democracy, the rule of law, human rights, the public
policy process, market institutions, and the role of an
independent judiciary in democratic societies;
(G) supporting political parties and coalitions
that are committed to promoting democracy, human
rights, the rule of law, and economic reforms;
(H) fostering the growth of civic organizations
that are committed to promoting and defending human
rights;
(I) promoting respect for human rights and civil
liberties in military and security forces;
(J) promoting the development of effective control
by elected civilian officials over, and the development
of, a nonpolitical officer corps in military and
security forces;
(K) fostering strengthened administration of
justice through programs and activities carried out by
nongovernmental organizations, civic organizations, and
political parties; and
(L) supporting the development and promulgation of
laws and regulations that increase accountability and
transparency in governance, including asset disclosure
for senior public officials and candidates for
political office.
(3) Free and independent media.--Developing free and
independent media, including--
(A) supporting all forms of independent media
reporting, including print, radio, and television;
(B) providing special support for, and public
access to, nongovernmental Internet-based sources of
information, dissemination, and reporting, including
the provision of technical and other support for web-
based radio services and the provision of computers and
other necessary resources and training related to the
Internet;
(C) providing training in journalism, including
investigative journalism techniques that educate the
public on the costs of corruption; and
(D) establishing exchange programs for journalists,
including journalists affiliated with democratic
political parties.
(4) Free market systems.--Creating and supporting private
enterprise and free market systems based on the principles of
private ownership of property, including through support for--
(A) the development of private cooperatives, credit
unions, labor unions, and microfinance lending
institutions;
(B) the improvement of the collection and analysis
of statistical information;
(C) the reform and restructuring of banking and
financial systems;
(D) the protection of intellectual property rights;
(E) the development of protocols and safeguards
against money laundering and other illicit financial
activities, including those relating to regional
terrorism and the production and trafficking of
narcotics; and
(F) the promotion of trade and investment.
(5) Security.--Developing professional military and police
forces capable of countering terrorism, narcotics, and other
illicit activities, and ensuring civilian control and oversight
of military and police forces.
(6) Social programs.--Investing in education, health, and
other social programs, including for disenfranchised
communities.
(7) Environment.--Promoting the sustainable use of natural
resources and protecting the environment in both urban and
rural areas.
(8) Political opposition.--Safeguarding and supporting
democratic and viable political opposition.
(9) Parliamentary exchanges.--Promoting exchanges between
democratic legislators and reformers in North and South East
Asia and members of Congress.
(10) Migration.--Protecting and caring for refugees,
displaced persons, and other migrants, addressing the root
causes of migration, and promoting the development of
appropriate immigration and emigration laws and procedures.
SEC. 6. COORDINATION OF ASSISTANCE.
(a) Coordinator of Assistance.--
(1) Establishment of position.--Congress strongly urges the
President to designate, within the Department of State, a
coordinator of assistance, and within the United States Agency
for International Development, a deputy coordinator of
assistance, to be responsible for--
(A) designing an overall strategy to advance the
mutual interests of the United States and North and
South East Asia;
(B) ensuring program and policy coordination among
agencies of the United States government in carrying
out assistance activities under this Act;
(C) pursuing coordination with other countries and
international organizations with respect to assistance
to North and South East Asia; and
(D) ensuring that United States assistance programs
for North and South East Asia are established and
carried out in a manner consistent with this Act.
(2) Rank and status.--An individual designated as
coordinator of assistance under paragraph (1) shall have the
rank and status of ambassador.
(b) Coordination of Activities.--The coordinator of assistance
under subsection (a) shall carry out activities described in that
subsection in coordination and consultation with officials as follows:
(1) Export promotion activities.--In the case of activities
relating to the promotion of exports of United States goods and
services to North and South East Asia, the Secretary of
Commerce who, in the role of Chair of the Trade Promotion
Coordination Committee, shall retain primary responsibility for
the coordination of such activities.
(2) International economic activities.--In the case of
activities relating to United States participation in
international financial institutions, and to organization of
multilateral efforts aimed at currency stabilization, currency
convertibility, debt reduction, and comprehensive economic
reform programs, with respect to North and South East Asia, the
Secretary of the Treasury who, in the role of Chair of the
National Advisory Council on International Monetary and
Financial Policies and as the United States governor of
international financial institutions, shall retain primary
responsibility for the coordination of such activities.
(3) Millennium challenge corporation.--In the case of
activities relating to the provision of United States
assistance for North and South East Asia through the Millennium
Challenge Corporation, the Secretary of State who, in the role
of Chair of the Millennium Challenge Corporation, shall retain
primary responsibility for the coordination of such activities.
(4) HIV/AIDS.--In the case of activities relating to the
provision of United States assistance for HIV/AIDS prevention
and related activities for North and South East Asia, the
Coordinator for United States Government Activities to Combat
HIV/AIDS Globally who shall retain primary responsibility for
the coordination of such activities.
(5) Tibet.--In the case of activities relating to Tibet,
the Special Coordinator for Tibetan Issues.
SEC. 7. ELIGIBILITY FOR ASSISTANCE.
(a) In General.--In carrying out the responsibilities described in
section 6, including the providing of assistance, the coordinator of
assistance designated under that section shall take into account the
extent to which the central governments in North and South East Asia
are--
(1) making progress toward, and is committed to the
comprehensive implementation of, a democratic system of
government based on the rule of law, individual freedoms, and
representative government determined by free and fair
elections;
(2) making progress toward, and is committed to the
comprehensive implementation of, economic reform based on
market principles, private ownership, and integration in the
global economy, including the implementation of the legal and
policy frameworks necessary for such reform (including
protection of intellectual property rights and respect for
contracts);
(3) respecting internationally recognized human rights,
including the rights of minorities and the rights of freedom of
religion and of emigration;
(4) denying support for acts of international terrorism and
cooperating with the United States to combat international
terrorism;
(5) respecting international law and obligations,
refraining from the threat of use of force, and demonstrating a
commitment to settling disputes peacefully;
(6) cooperating in seeking peaceful resolution of ethnic
and regional conflicts;
(7) implementing responsible security policies, including--
(A) reducing military forces and expenditures to a
level consistent with legitimate defense requirements;
(B) working to eliminate the proliferation of
nuclear, biological, or chemical weapons, and related
delivery systems and technologies; and
(C) restraining conventional arms transfers; and
(8) taking constructive actions to protect the
international environment, prevent significant transnational
pollution, and promote the sustainable use of natural
resources.
(b) Determination of Ineligibility.--
(1) Restrictions.--Except as described under paragraph (2),
no funds authorized to be appropriated to carry out the
provisions of this Act may be made available for assistance for
any central government in North and South East Asia if the
Secretary of State determines that such government--
(A) is engaged in a consistent pattern of
violations of internationally recognized human rights
or international law;
(B) has, on or after the date of the enactment of
this Act, knowingly provided financial or other support
to terrorist groups, terrorists, or narcotics
traffickers; or
(C) has, on or after the date of the enactment of
this Act, transferred any material, equipment, or
technology that the government knew or had reason to
know would be used by any country or international
terrorist group to manufacture any weapon of mass
destruction, including nuclear, chemical, or biological
weapons.
(2) Exception.--The restrictions described under paragraph
(1) do not apply to funds made available for the promotion of
democracy, human rights, and exchanges.
(c) Other Restrictions.--None of the funds authorized to be
appropriated by this Act may be made available for assistance for any
central government in North and South East Asia that is otherwise
prohibited from receiving such assistance.
(d) Suspension or Termination of Assistance for National Security
Reasons.--The Secretary of State may suspend or terminate assistance
under this Act in whole or in part to a country or entity in North and
South East Asia if the Secretary determines that the country or entity
is engaged in activities that are contrary to the national security
interests of the United States.
SEC. 8. SECURITY ASSISTANCE.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of section 23 of the Arms Export
Control Act (22 U.S.C. 2763) and section 541 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347) to enhance security in Asia, including in
Cambodia, Brunei, the Democratic Republic of Timor-Leste, Indonesia,
Malaysia, Mongolia, the Philippines, Singapore, Thailand, and Taiwan.
SEC. 9. INSTITUTE FOR REFORM IN ASIA.
Notwithstanding any other provision of law, there are authorized to
be appropriated such sums as may be necessary for assistance for an
institute for reform in Asia, which shall be located in Hong Kong, for
the purpose of advancing democracy, human rights, and the rule of law
in North and South East Asia in cooperation with an indigenous
organization in that region that is committed to the principles of
freedom and justice.
SEC. 10. ADDITIONAL AUTHORITIES AND LIMITATIONS.
(a) Law Enforcement.--Notwithstanding section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420), and except as otherwise
provided for in this Act, assistance for law enforcement forces under
this Act may be provided for police, counterterrorism, and other law
enforcement forces in North and South East Asia.
(b) Promotion of Competitive Elections.--
(1) In general.--Assistance may be provided under this Act
to foreign political parties or organizations for the purpose
of increasing competition in elections in countries in North
and South East Asia where a nondemocratic, ruling political
party controls or exercises significant influence over national
or local electoral bodies, print and electronic media, the
judiciary, or national and local security forces, including the
police and military, to the detriment of a democratic
opposition.
(2) Limits on assistance.--None of the funds provided to a
foreign political party or organization pursuant to paragraph
(1) may be used as--
(A) a cash grant;
(B) payment for salaries, fees, or honoraria to any
candidate, political party leader, or campaign official
during the campaign period; or
(C) payment to individuals for the purpose of
influencing votes.
(c) Political Transitions.--The Secretary of State shall make
available additional assistance under this Act for countries and
entities in North and South East Asia that successfully complete the
transition from an authoritarian regime or government to a democratic
government.
(d) Taiwan and the Republic of Korea.--Amounts made available under
this Act for assistance for Taiwan and the Republic of Korea for the
purposes of furthering political and legal reforms shall only be made
available to the extent that such amounts are matched by funds from
sources other than the United States Government.
SEC. 11. ACCOUNTABILITY FOR FUNDS.
Any agency managing and implementing an assistance program for
North and South East Asia under this Act shall maintain an accounting
of any funds made available to it for such program.
SEC. 12. ANNUAL REPORTS.
(a) Summary of Activities.--Not later than January 31, 2005, and
annually thereafter, the coordinator of assistance designated under
section 6 shall submit to the appropriate congressional committees a
report containing--
(1) a list of activities undertaken by the Department of
State, the United States Agency for International Development,
and the Department of the Treasury to advance democracy, human
rights, the rule of law, and economic freedom in North and
South East Asia;
(2) a description of assistance provided by international
financial institutions and countries, including the European
Union, the United Nations, Japan, Australia, and New Zealand,
to advance democracy, human rights, and the rule of law in
North and South East Asia;
(3) an analysis, on a country-by-country basis, of
obstacles to the advancement of democracy, human rights, the
rule of law, and economic growth and freedom in North and South
East Asia, including barriers to increased popular
participation in political and economic decisionmaking; and
(4) an analysis of actions undertaken by the Government of
the People's Republic of China, including the People's
Liberation Army, to exert its political and economic influence
throughout the region.
(b) Political Prisoners.--Not later than January 31, 2005, and
annually thereafter, the Assistant Secretary of State for Democracy,
Human Rights, and Labor shall submit to the appropriate congressional
committees a report setting forth the names and locations of known
political prisoners, on a country-by-country basis, in North and South
East Asia.
(c) Child Soldiers.--Not later than January 31, 2005, and annually
thereafter, the coordinator of assistance shall submit to the
appropriate congressional committees a report--
(1) describing the use of child soldiers in North and South
East Asia; and
(2) detailing the efforts of the United States Government
to raise and debate in the United Nations Security Council the
issue of the use of child soldiers.
SEC. 13. DENIAL OF VISAS.
(a) In General.--The Secretary of Homeland Security may deny visas
and entry to the following individuals:
(1) Any public official or former public official,
including any military or police official, who has been
credibly alleged to have solicited or accepted any article of
monetary value or other benefit in exchange for any act or
omission in their performance of their public functions, which
has had a serious adverse effect on the advancement of
democracy, human rights, the rule of law, and economic freedom
in North and South East Asia.
(2) Any person whose provision of, or offer to provide, an
article of monetary value or other benefit to any public
official, including military and police officials, in exchange
for any act or omission in the performance of such official's
public functions has had a serious adverse effect on democracy,
human rights, the rule of law, and economic freedom in North
and South East Asia.
(3) Any public official, former public official, or other
person who has been credibly alleged to have misappropriated
funds or interfered with the judicial, electoral, or other
public processes, which has had a serious adverse effect on the
advancement of democracy, human rights, the rule of law, and
economic freedom in North and South East Asia.
(4) Any spouse, child, or dependent household member of a
person described in paragraph (1), (2), or (3) of this
subsection who is the direct beneficiary of any article of
monetary value or other benefit obtained by such person.
(b) Database.--The Secretary of State shall maintain and regularly
update a database of individuals who may be denied visas under
subsection (a).
SEC. 14. SENSE OF CONGRESS ON DEMOCRACY FUNDS.
It is the sense of Congress that any democracy fund established by
the United Nations in response to the September 21, 2004, speech by
President George W. Bush to the United Nations General Assembly should
be known as the ``Daw Aung San Suu Kyi Democracy Fund''.
SEC. 15. ASSISTANCE AUTHORITIES.
There are authorized to be appropriated for fiscal year 2005 such
sums as may be necessary to carry out the purposes of this Act.
SEC. 16. OTHER DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Foreign Relations and Appropriations of the Senate and the
Committees on International Relations and Appropriations of the
House of Representatives.
(2) Child soldier.--The term ``child soldier'' means a
person below the age of 18 years (unless, under the law
applicable to the person, majority is attained earlier) that is
part of an armed group affiliated with, or the armed forces of,
a national government.
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