[Congressional Record Volume 150, Number 134 (Friday, November 19, 2004)]
[Senate]
[Pages S11644-S11646]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL (for himself and Mr. Lugar):
  S. 3016. A bill to promote freedom, economic growth, and security in 
Asia, and for other purposes; to the Committee on Foreign Relations.
  Mr. McCONNELL. Mr. President, today I introduce, along with my good 
friend from Indiana, the ``Asia Freedom Act of 2004''.
  We offer this bill with the full knowledge that it will neither be 
considered nor voted upon by the Senate Committee on Foreign Relations 
before the 108th Congress ends. Rather, we intend today's introduction 
to mark what we hope is the start of broader discussion between our 
respective offices and the Administration on America's foreign policy 
toward Asia.
  The Act is based on the Freedom Support Act for the Former Soviet 
Union and provides an integrated and coherent framework for U.S. policy 
toward North and Southeast Asia. It creates 10 broad development 
activities for the region--ranging from democracy to security and the 
environment--and endorses the establishment of a coordinator of 
assistance to the region at the State Department, and a deputy 
coordinator at USAID.
  The Act defines eligibility requirements for U.S. foreign assistance 
for central governments in the region based on their respective 
commitments to, among other things, the advancement of freedom and 
justice and efforts to crack down on international terrorism. It 
requires the State Department to judge central governments of countries 
in the region not by what they say, but rather by the concrete actions 
they undertake to further democracy, security and stability in the 
region.
  The Act requires a number of annual reports, including a description 
of democracy building activities conducted by the United States, the 
European Union, the United Nations and other countries and 
institutions, and a listing on a country-by-country basis of known 
political prisoners.
  Taking a cue from President Bush's January 12, 2004 proclamation 
denying current and former corrupt public officials entry into the 
United States, the Act provides authority for the Secretary of Homeland 
Security to deny visas to those officials in the region whose actions 
have had an adverse impact on the advancement of democracy, human 
rights, the rule of law and economic freedom in the region.
  The Act is necessary to ensure that appropriate and continuous 
attention is paid by the U.S. Congress and the Administration to the 
march of political and economic freedom across Asia. Much ground has 
been gained over the past year, particularly with successful 
presidential and parliamentary elections in Indonesia, but more must be 
done, whether in Burma, Cambodia or Thailand.
  In short, the Asia Freedom Act guarantees America's focus, foreign 
policy and foreign assistance are targeted toward an increasingly 
important region of the world.
  Mr President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3016

       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.

[[Page S11645]]

       (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

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     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.
                                 ______