[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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