[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5196 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5196

 To promote, protect, and enhance democracy and human rights in United 
                         States foreign policy.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2000

  Mr. Gilman (for himself and Mr. Gejdenson) introduced the following 
  bill; which was referred to the Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
 To promote, protect, and enhance democracy and human rights in United 
                         States foreign policy.

    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 ``Human Rights Investment Act of 
2000''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Supporting human rights is in the national interests of 
        the United States and is consistent with American values and 
        beliefs.
            (2) Defenders of human rights are changing our world in 
        many ways, including protecting freedom and dignity, religious 
        liberty, the rights of women and children, freedom of the 
        press, the rights of workers, the environment, and the human 
        rights of all persons.
            (3) The United States must match its rhetoric on human 
        rights with action and with sufficient resources to provide 
        meaningful support for human rights and for the defenders of 
        human rights.
            (4) Congress passed and the President signed into law the 
        International Arms Sales Code of Conduct Act of 1999 (Public 
        Law 106-113; 113 Stat. 1501A-508), which directed the President 
        to seek negotiations on a binding international agreement to 
        limit, restrict, or prohibit arms transfers to countries that 
        do not observe certain fundamental values of human liberty, 
        peace, and international stability, and provided that such an 
        international agreement should include a prohibition on arms 
        sales to countries that engage in gross violations of 
        internationally recognized human rights.
            (5) The arms export end-use monitoring systems currently in 
        place should be improved and provided with sufficient funds to 
        accomplish their mission.

SEC. 3. SALARIES AND EXPENSES OF THE BUREAU OF DEMOCRACY, HUMAN RIGHTS, 
              AND LABOR.

    For fiscal year 2001 and each fiscal year thereafter, not less than 
1 percent of the amounts made available to the Department of State 
under the heading ``Diplomatic and Consular Programs'' shall be made 
available only for salaries and expenses of the Bureau of Democracy, 
Human Rights, and Labor, including funding of positions at United 
States missions abroad that are primarily dedicated to following human 
rights developments in foreign countries.

SEC. 4. HUMAN RIGHTS AND DEMOCRACY FUND.

    (a) Establishment of Fund.--There is established a Human Rights and 
Democracy Fund (hereinafter in this section referred to as the 
``Fund'') to be administered by the Assistant Secretary for Democracy, 
Human Rights and Labor.
    (b) Purposes of Fund.--The purposes of the Fund are--
            (1) to support defenders of human rights;
            (2) to assist the victims of human rights violations;
            (3) to respond to human rights emergencies;
            (4) to promote and encourage the growth of democracy, 
        including the support for nongovernmental organizations in 
        other countries; and
            (5) to carry out such other related activities as are 
        consistent with paragraphs (1) through (4).
    (c) Funding.--Of the amounts made available to carry out chapter 1 
and chapter 10 of part I of the Foreign Assistance Act of 1961, title V 
of the International Security and Development Cooperation Act of 1980, 
and section 401 of the Foreign Assistance Act of 1969 for each of the 
fiscal years 2001 and 2002, $32,000,000 for each such fiscal year shall 
be made available to the Fund for carrying out the purposes described 
in subsection (b).

SEC. 5. MONITORING OF UNITED STATES MILITARY ASSISTANCE AND ARMS 
              TRANSFERS.

    (a) Weapons Monitoring Program.--
            (1) Establishment of program.--The Secretary of State shall 
        establish and implement a program to monitor United States 
        military assistance and arms transfers.
            (2) Responsibility of assistant secretary of state for 
        democracy, human rights and labor.--The Assistant Secretary of 
        State for Democracy, Human Rights and Labor shall have primary 
        responsibility for advising the Secretary of State on the 
        establishment and implementation of program described in 
        paragraph (1).
    (b) Purposes of Program.--
            (1) Primary purposes.--The primary purposes of the program 
        described in subsection (a) are to ensure to the maximum extent 
        feasible that United States military assistance and weapons 
        manufactured in or sold from the United States are not used--
                    (A) to commit gross violations of human rights; or
                    (B) in violation of other United States laws 
                applicable to United States military assistance and 
                arms transfers that are also related to human rights 
                and preventing human rights violations.
            (2) Other purposes.--The program described in subsection 
        (a) may be used for the following additional purposes:
                    (A) To prevent violations of other United States 
                laws applicable to United States military assistance 
                and arms transfers.
                    (B) To prevent fraud and waste by ensuring that tax 
                dollars are not diverted by foreign governments or 
                others from activities in the United States national 
                interest into areas for which the assistance was not 
                and would not have been provided.
    (c) Elements of the Weapons Monitoring Program.--The program 
described in subsection (a) shall ensure to the maximum feasible extent 
that the United States has the ability--
            (1) to determine whether United States military assistance 
        and arms transfers are used to commit gross violations of human 
        rights;
            (2) to detect other violations of United States law 
        concerning United States military assistance and arms 
        transfers, including the diversion of such assistance or the 
        use of such assistance by security force or police units 
        credibly implicated in gross human rights violations; and
            (3) to determine whether individuals or units that have 
        received United States military, security, or police training 
        or have participated or are scheduled to participate in joint 
        exercises with United States forces have been credibly 
        implicated in gross human rights violations.
    (d) Weapons Monitoring Fund.--
            (1) Reservation of funds.--Subject to paragraph (2), for 
        each fiscal year after fiscal year 2000, one percent of the 
        amounts appropriated for each fiscal year for United States 
        military assistance is authorized to be used only to carry out 
        the purposes of this section.
            (2) Exception.--For any fiscal year, if the Secretary of 
        State certifies in writing to the appropriate congressional 
        committees that the United States can carry out the purposes of 
        this section without the full reservation of funds, the 
        Secretary of State shall designate an amount, which is not less 
        than one half of one percent of the amounts appropriated for 
        such fiscal year for United States military assistance, and 
        such designated amount is authorized to be used to carry out 
        the purposes of this section.
            (3) Additional funds for program.-- Funds collected from 
        charges under section 21(e) of the Arms Export Control Act (22 
        U.S.C. 2761(e)) may be transferred to the Department of State 
        and made available to carry out the purposes of this section.
    (e) Reports.--The Secretary of State shall submit to the 
appropriate congressional committees the following reports. To the 
maximum extent possible, such reports shall be in unclassified form:
            (1) Not later than 6 months after the date of the enactment 
        of this Act, and after due consultation with the appropriate 
        congressional committees and others, a plan to implement the 
        provisions of this section.
            (2) Not later than one year after the date of the enactment 
        of this Act, and annually thereafter, a report setting forth 
        the steps taken to implement this section and relevant 
        information obtained concerning the use of United States 
        military assistance and arms transfers.
    (f) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on International Relations and 
                the Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) United states military assistance.--The term ``United 
        States military assistance'' means--
                    (A) assistance under chapter 2 of part II of the 
                Foreign Assistance Act of 1961 (relating to military 
                assistance), including the transfer of excess defense 
                articles under section 516 of that Act;
                    (B) assistance under chapter 5 of part II of the 
                Foreign Assistance Act of 1961 (relating to 
                international military education and training or 
                ``IMET'');
                    (C) assistance under chapter 8 of part I of the 
                Foreign Assistance Act of 1961 (relating to 
                international narcotics control assistance);
                    (D) assistance under chapter 8 of part II of the 
                Foreign Assistance Act of 1961 (relating to 
                antiterrorism assistance);
                    (E) assistance under section 2011 of title 10, 
                United States Code (relating to training with security 
                forces of friendly foreign countries);
                    (F) assistance under section 1004 of the National 
                Defense Authorization Act for Fiscal Year 1991 
(relating to additional support for counter-drug activities); and
                    (G) assistance under section 1033 of the National 
                Defense Authorization Act for Fiscal Year 1998 
                (relating to support for counter-drug activities of 
                Peru and Colombia).
            (3) United states military assistance and arms transfers.--
        The term ``United States military assistance and arms 
        transfers'' means--
                    (A) United States military assistance (as defined 
                in paragraph (2)); or
                    (B)(i) the transfer of defense articles, defense 
                services, or design and construction services under the 
                Arms Export Control Act, including defense articles or 
                services licensed under section 38 of such Act; and
                    (ii) any other assistance under the Arms Export 
                Control Act.

SEC. 6. REPORTS ON ACTIONS TAKEN BY THE UNITED STATES TO ENCOURAGE 
              RESPECT FOR HUMAN RIGHTS.

    (a) Section 116 Report.--Section 116(d) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151n(d)) is amended--
            (1) in paragraph (7), by striking ``and'' at the end and 
        inserting a semicolon;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) for each country with respect to which a 
        determination has been made that extrajudicial killings, 
        torture, or other serious violations of human rights have 
        occurred in the country, the extent to which the United States 
        has taken or will take action to encourage an end to such 
        practices in the country.''.
    (b) Section 502B Report.--Section 502B(b) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting after the 4th 
sentence the following: ``Such report shall also include, for each 
country with respect to which a determination has been made that 
extrajudicial killings, torture, or other serious violations of human 
rights have occurred in the country, the extent to which the United 
States has taken or will take action to encourage an end to such 
practices in the country.''.

SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS FOR THE NATIONAL ENDOWMENT FOR 
              DEMOCRACY.

    There are authorized to be appropriated for the Department of State 
to carry out the National Endowment for Democracy Act, $50,000,000 for 
fiscal year 2001, and $50,000,000 for fiscal year 2002.
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