[Congressional Record Volume 146, Number 110 (Monday, September 18, 2000)]
[Extensions of Remarks]
[Pages E1514-E1515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THE HUMAN RIGHTS INVESTMENT ACT--H.R. 5196

                                 ______
                                 

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                       Monday, September 18, 2000

  Mr. GILMAN. Mr. Speaker, today I am introducing H.R. 5196, the Human 
Rights Investment Act of 2000. This measure will promote, protect and 
enhance human rights in United States foreign policy.
  This legislation embodies a simple truth: if we really care about 
human rights, we need to invest in it.
  Few issues--if any--receive as much rhetorical support in U.S. 
foreign policy as human rights. As a nation founded on a profound 
belief in freedom and individual rights, we focus a great deal of 
attention in supporting human rights advocates throughout the world.
  But we have not matched our rhetoric with resources. We have not 
sufficiently invested in human rights.
  Until recent congressional action forced an increase, the State 
Department Bureau of Democracy, Human Rights and Labor was by far the 
smallest ``functional'' bureau in the Department. It is still one of 
the very limited bureaus in the entire State Department.
  Historically, the human rights bureau received about one-quarter of 
one percent of all State Department salaries and expenses. It still 
receives less than half of one percent.
  We should put our money where our values are. One penny on the dollar 
is not too much to ask to support people risking their very lives for 
human rights.
  Likewise, if it is not too much for the American people to ask that, 
if their tax dollars are paying for weapons sales and military 
training, then it is equally important that one penny out of every 
dollar be spent so that we know just what foreign governments are doing 
with U.S. weapons.
  Letting the light shine on how governments are using taxpayer-funded 
military aid also requires an investment. But the good news is that it 
is relatively cheap--just one penny out of every dollar of U.S. 
military aid will do that work.
  Accordingly, I urge my colleagues to support H.R. 5196. I submit the 
full text of H.R. 5196 be printed in the Record at this point.

                               H.R. 5196

       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 [under 
     paragraph (1)], 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)) [and other comparable provisions of law?] 
     may be transferred to the Department of State and made 
     available to carry out the purposes of this section.

[[Page E1515]]

       (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.

     

                          ____________________