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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
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