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106th CONGRESS
2d Session
S. 3254
To provide assistance to East Timor to facilitate the transition of
East Timor to an independent nation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 27 (legislative day, September 22), 2000
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To provide assistance to East Timor to facilitate the transition of
East Timor to an independent nation, 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 ``East Timor Transition to
Independence Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On August 30, 1999, the East Timorese people voted
overwhelmingly in favor of independence from Indonesia. Anti-
independence militias, with the support of the Indonesian
military, attempted to prevent then retaliated against this
vote by launching a campaign of terror and violence, displacing
500,000 people and murdering hundreds.
(2) The violent campaign devastated East Timor's
infrastructure, destroyed or severely damaged 60 to 80 percent
of public and private property, and resulted in the collapse of
virtually all vestiges of government, public services and
public security.
(3) The Australian-led International Force for East Timor
(INTERFET) entered East Timor in September 1999 and
successfully restored order. On October 25, 1999, the United
Nations Transitional Administration for East Timor (UNTAET)
began providing overall administration of East Timor, guide the
people of East Timor in the establishment of a new democratic
government, and maintain security and order.
(4) UNTAET and the East Timorese leadership currently
anticipate that East Timor will become an independent nation as
early as late 2001.
(5) East Timor is one of the poorest places in Asia. A
large percentage of the population live below the poverty line,
only 20 percent of East Timor's population is literate, most of
East Timor's people remain unemployed, the annual per capita
Gross National Product is $340, and life expectancy is only 56
years.
(6) The World Bank and the United Nations have estimated
that it will require $300,000,000 in development assistance
over the next three years to meet East Timor's basic
development needs.
SEC. 3. SENSE OF CONGRESS RELATING TO SUPPORT FOR EAST TIMOR.
It is the sense of Congress that the United States should--
(1) facilitate East Timor's transition to independence,
support formation of broad-based democracy in East Timor, help
lay the groundwork for East Timor's economic recovery, and
strengthen East Timor's security;
(2) begin to lay the groundwork, prior to East Timor's
independence, for an equitable bilateral trade and investment
relationship;
(3)(A) officially open a diplomatic mission to East Timor
as soon as possible;
(B) recognize East Timor, and establish diplomatic
relations with East Timor, upon its independence; and
(C) ensure that a fully functioning, fully staffed,
adequately resourced, and securely maintained United States
diplomatic mission is accredited to East Timor upon its
independence;
(4) support efforts by the United Nations and East Timor to
ensure justice and accountability related to past atrocities in
East Timor through--
(A) United Nations investigations;
(B) development of East Timor's judicial system,
including appropriate technical assistance to East
Timor from the Department of Justice, the Federal
Bureau of Investigation, and the Drug Enforcement
Administration; and
(C) the possible establishment of an international
tribunal for East Timor; and
(5) support observer status for an official delegation from
East Timor to observe and participate, as appropriate, in all
deliberations of the Asia Pacific Economic Co-operation (APEC)
group.
SEC. 4. BILATERAL ASSISTANCE.
(a) Authority.--The President, acting through the Administrator of
the United States Agency for International Development, is authorized
to--
(1) support the development of civil society, including
nongovernmental organizations in East Timor;
(2) promote the development of an independent news media;
(3) support job creation and economic development in East
Timor, including support for microenterprise programs and
technical education, as well as environmental protection and
education programs;
(4) promote reconciliation, conflict resolution, and
prevention of further conflict with respect to East Timor,
including establishing accountability for past gross human
rights violations;
(5) support the voluntary and safe repatriation and
reintegration of refugees into East Timor; and
(6) support political party development, voter education,
voter registration and other activities in support of free and
fair elections in East Timor.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $25,000,000 for each of the fiscal years
2001, 2002, and 2003.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 5. MULTILATERAL ASSISTANCE.
The President shall instruct the United States executive director
at each international financial institution to which the United States
is a member to use the voice, vote, and influence of the United States
to support economic and democratic development in East Timor.
SEC. 6. PEACE CORPS ASSISTANCE.
(a) Authority.--The Director of the Peace Corps is authorized to--
(1) provide English language and other technical training
for individuals in East Timor as well as other activities which
promote education, economic development, and economic self-
sufficiency; and
(2) quickly address immediate assistance needs in East
Timor using the Peace Corps Crisis Corps, to the extent
practicable.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$2,000,000 for each of the fiscal years 2001, 2002, and 2003 to
carry out such subsection.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 7. TRADE AND INVESTMENT ASSISTANCE.
(a) OPIC.--Beginning on the date of the enactment of this Act, the
President should initiate negotiations with the United Nations
Transitional Administration for East Timor (UNTAET), the National
Council of East Timor, and the government of East Timor (after
independence for East Timor)--
(1) to apply to East Timor the existing agreement between
the Overseas Private Investment Corporation and Indonesia; or
(2) to enter into a new agreement authorizing the Overseas
Private Investment Corporation to carry out programs with
respect to East Timor,
in order to expand United States investment in East Timor.
(b) Trade and Development Agency.--
(1) In general.--The Director of the Trade and Development
Agency is authorized to carry out projects in East Timor under
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421).
(2) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to carry out this subsection $1,000,000
for each of the fiscal years 2001, 2002, and 2003.
(B) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under subparagraph
(A) are authorized to remain available until expended.
(c) Export-Import Bank.--The Export-Import Bank of the United
States shall expand its activities in connection with exports to East
Timor.
SEC. 8. GENERALIZED SYSTEM OF PREFERENCES.
(a) Sense of Congress.--It is the sense of Congress that the
President should encourage the United Nations Transitional
Administration for East Timor (UNTAET), in close consultation with the
National Council of East Timor, to seek to become eligible for duty-
free treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461
et seq.; relating to generalized system of preferences).
(b) Technical Assistance.--The United States Trade Representative
and the Commissioner of the United States Customs Service are
authorized to provide technical assistance to UNTAET, the National
Council of East Timor, and the government of East Timor (after
independence for East Timor) in order to assist East Timor to become
eligible for duty-free treatment under title V of the Trade Act of
1974.
SEC. 9. BILATERAL INVESTMENT TREATY.
It is the sense of Congress that the President should seek to enter
into a bilateral investment treaty with the United Nations Transitional
Administration for East Timor (UNTAET), in close consultation with the
National Council of East Timor, in order to establish a more stable
legal framework for United States investment in East Timor.
SEC. 10. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS.
(a) Authority.--The Secretary of State--
(1) is authorized to carry out an East Timorese scholarship
program under the authorities of the United States Information
and Educational Exchange Act of 1948, the Mutual Educational
and Cultural Exchange Act of 1961, Reorganization Plan Number 2
of 1977, and the National Endowment for Democracy Act; and
(2) shall make every effort to identify and provide
scholarships and other support to East Timorese students
interested in pursuing undergraduate and graduate studies at
institutions of higher education in the United States.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of State, $1,000,000 for the fiscal year
2002 and $1,000,000 for the fiscal year 2003 to carry out subsection
(a).
SEC. 11. PLAN FOR ESTABLISHMENT OF DIPLOMATIC FACILITIES IN EAST TIMOR.
(a) Development of Detailed Plan.--The Secretary of State shall
develop a detailed plan for the official establishment of a United
States diplomatic mission to East Timor, with a view to--
(1) officially open a fully functioning, fully staffed,
adequately resourced, and securely maintained diplomatic
mission in East Timor as soon as possible;
(2) recognize East Timor, and establish diplomatic
relations with East Timor, upon its independence; and
(3) ensure that a fully functioning, fully staffed,
adequately resourced, and securely maintained diplomatic
mission is accredited to East Timor upon its independence.
(b) Reports.--
(1) Initial report.--Not later than three months after the
date of the enactment of this Act, the Secretary of State shall
submit to the Committee on International Relations of the House
of Representatives and the Committee on Foreign Relations of
the Senate a report that contains the detailed plan described
in subsection (a), including a timetable for the official
opening of a facility in Dili, East Timor, the personnel
requirements for the mission, the estimated costs for
establishing the facility, and its security requirements.
(2) Subsequent reports.--Beginning six months after the
submission of the initial report under paragraph (1), and every
six months thereafter until January 1, 2004, the Secretary of
State shall submit to the committees specified in that
paragraph a report on the status of the implementation of the
detailed plan described in subsection (a), including any
revisions to the plan (including its timetable, costs, or
requirements) that have been made during the period covered by
the report.
(3) Form of report.--Each report submitted under this
subsection may be submitted in classified or unclassified form.
SEC. 12. SECURITY ASSISTANCE FOR EAST TIMOR.
(a) Authorization.--Beginning on and after the date on which the
President transmits to the Congress a certification described in
subsection (b), the President is authorized--
(1) to transfer excess defense articles under section 516
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) to East
Timor in accordance with such section; and
(2) to provide military education and training under
chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.) for
the armed forces of East Timor in accordance with such chapter.
(b) Certification.--A certification described in this subsection is
a certification that--
(1) East Timor has established an independent armed forces;
and
(2) the assistance proposed to be provided pursuant to
subsection (a)--
(A) is in the national security interests of the
United States; and
(B) will promote both human rights in East Timor
and the professionalization of the armed forces of East
Timor.
(c) Study and Report.--
(1) Study.--The President shall conduct a study to
determine--
(A) the extent to which East Timor's security needs
can be met by the transfer of excess defense articles
under section 516 of the Foreign Assistance Act of
1961;
(B) the extent to which international military
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