I

106TH CONGRESS

2D SESSION H. R. 5196

To promote, protect, and enhance democracy and human rights in United

States foreign policy.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 18, 2000

Mr. GILMAN (for himself and Mr. GEJDENSON) introduced the following bill;

which was referred to the Committee on International Relations

A BILL

To promote, protect, and enhance democracy and human

rights in United States foreign policy.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Human Rights Invest5 ment Act of 2000’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) Supporting human rights is in the national

9 interests of the United States and is consistent with

10 American values and beliefs.
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1 (2) Defenders of human rights are changing

2 our world in many ways, including protecting free3 dom and dignity, religious liberty, the rights of

4 women and children, freedom of the press, the rights

5 of workers, the environment, and the human rights

6 of all persons.

7 (3) The United States must match its rhetoric

8 on human rights with action and with sufficient re9 sources to provide meaningful support for human

10 rights and for the defenders of human rights.

11 (4) Congress passed and the President signed

12 into law the International Arms Sales Code of Con13 duct Act of 1999 (Public Law 106–113; 113 Stat.

14 1501A–508), which directed the President to seek

15 negotiations on a binding international agreement to

16 limit, restrict, or prohibit arms transfers to countries

17 that do not observe certain fundamental values of

18 human liberty, peace, and international stability,

19 and provided that such an international agreement

20 should include a prohibition on arms sales to coun21 tries that engage in gross violations of internation22 ally recognized human rights.

23 (5) The arms export end-use monitoring sys24 tems currently in place should be improved and pro-
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1 vided with sufficient funds to accomplish their mis2 sion.

3 SEC. 3. SALARIES AND EXPENSES OF THE BUREAU OF DE4 MOCRACY, HUMAN RIGHTS, AND LABOR.

5 For fiscal year 2001 and each fiscal year thereafter,

6 not less than 1 percent of the amounts made available to

7 the Department of State under the heading ‘‘Diplomatic

8 and Consular Programs’’ shall be made available only for

9 salaries and expenses of the Bureau of Democracy,

10 Human Rights, and Labor, including funding of positions

11 at United States missions abroad that are primarily dedi12 cated to following human rights developments in foreign

13 countries.

14 SEC. 4. HUMAN RIGHTS AND DEMOCRACY FUND.

15 (a) ESTABLISHMENT OF FUND.—There is estab16 lished a Human Rights and Democracy Fund (hereinafter

17 in this section referred to as the ‘‘Fund’’) to be adminis18 tered by the Assistant Secretary for Democracy, Human

19 Rights and Labor.

20 (b) PURPOSES OF FUND.—The purposes of the Fund

21 are—

22 (1) to support defenders of human rights;

23 (2) to assist the victims of human rights viola24 tions;

25 (3) to respond to human rights emergencies;
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1 (4) to promote and encourage the growth of de2 mocracy, including the support for nongovernmental

3 organizations in other countries; and

4 (5) to carry out such other related activities as

5 are consistent with paragraphs (1) through (4).

6 (c) FUNDING.—Of the amounts made available to

7 carry out chapter 1 and chapter 10 of part I of the For8 eign Assistance Act of 1961, title V of the International

9 Security and Development Cooperation Act of 1980, and

10 section 401 of the Foreign Assistance Act of 1969 for each

11 of the fiscal years 2001 and 2002, $32,000,000 for each

12 such fiscal year shall be made available to the Fund for

13 carrying out the purposes described in subsection (b).

14 SEC. 5. MONITORING OF UNITED STATES MILITARY ASSIST15 ANCE AND ARMS TRANSFERS.

16 (a) WEAPONS MONITORING PROGRAM.—

17 (1) ESTABLISHMENT OF PROGRAM.—The Sec18 retary of State shall establish and implement a pro19 gram to monitor United States military assistance

20 and arms transfers.

21 (2) RESPONSIBILITY OF ASSISTANT SECRETARY

22 OF STATE FOR DEMOCRACY, HUMAN RIGHTS AND

23 LABOR.—The Assistant Secretary of State for De24 mocracy, Human Rights and Labor shall have pri25 mary responsibility for advising the Secretary of
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1 State on the establishment and implementation of

2 program described in paragraph (1).

3 (b) PURPOSES OF PROGRAM.—

4 (1) PRIMARY PURPOSES.—The primary pur5 poses of the program described in subsection (a) are

6 to ensure to the maximum extent feasible that

7 United States military assistance and weapons man8 ufactured in or sold from the United States are not

9 used—

10 (A) to commit gross violations of human

11 rights; or

12 (B) in violation of other United States

13 laws applicable to United States military assist14 ance and arms transfers that are also related to

15 human rights and preventing human rights vio16 lations.

17 (2) OTHER PURPOSES.—The program described

18 in subsection (a) may be used for the following addi19 tional purposes:

20 (A) To prevent violations of other United

21 States laws applicable to United States military

22 assistance and arms transfers.

23 (B) To prevent fraud and waste by ensur24 ing that tax dollars are not diverted by foreign

25 governments or others from activities in the
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1 United States national interest into areas for

2 which the assistance was not and would not

3 have been provided.

4 (c) ELEMENTS OF THE WEAPONS MONITORING PRO5 GRAM.—The program described in subsection (a) shall en6 sure to the maximum feasible extent that the United

7 States has the ability—

8 (1) to determine whether United States military

9 assistance and arms transfers are used to commit

10 gross violations of human rights;

11 (2) to detect other violations of United States

12 law concerning United States military assistance and

13 arms transfers, including the diversion of such as14 sistance or the use of such assistance by security

15 force or police units credibly implicated in gross

16 human rights violations; and

17 (3) to determine whether individuals or units

18 that have received United States military, security,

19 or police training or have participated or are sched20 uled to participate in joint exercises with United

21 States forces have been credibly implicated in gross

22 human rights violations.

23 (d) WEAPONS MONITORING FUND.—

24 (1) RESERVATION OF FUNDS.—Subject to para25 graph (2), for each fiscal year after fiscal year 2000,
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1 one percent of the amounts appropriated for each

2 fiscal year for United States military assistance is

3 authorized to be used only to carry out the purposes

4 of this section.

5 (2) EXCEPTION.—For any fiscal year, if the

6 Secretary of State certifies in writing to the appro7 priate congressional committees that the United

8 States can carry out the purposes of this section

9 without the full reservation of funds, the Secretary

10 of State shall designate an amount, which is not less

11 than one half of one percent of the amounts appro12 priated for such fiscal year for United States mili13 tary assistance, and such designated amount is au14 thorized to be used to carry out the purposes of this

15 section.

16 (3) ADDITIONAL FUNDS FOR PROGRAM.—

17 Funds collected from charges under section 21(e) of

18 the Arms Export Control Act (22 U.S.C. 2761(e))

19 may be transferred to the Department of State and

20 made available to carry out the purposes of this sec21 tion.

22 (e) REPORTS.—The Secretary of State shall submit

23 to the appropriate congressional committees the following

24 reports. To the maximum extent possible, such reports

25 shall be in unclassified form:
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1 (1) Not later than 6 months after the date of

2 the enactment of this Act, and after due consulta3 tion with the appropriate congressional committees

4 and others, a plan to implement the provisions of

5 this section.

6 (2) Not later than one year after the date of

7 the enactment of this Act, and annually thereafter,

8 a report setting forth the steps taken to implement

9 this section and relevant information obtained con10 cerning the use of United States military assistance

11 and arms transfers.

12 (f) DEFINITIONS.—In this section:

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means—

16 (A) the Committee on International Rela17 tions and the Committee on Appropriations of

18 the House of Representatives; and

19 (B) the Committee on Foreign Relations

20 and the Committee on Appropriations of the

21 Senate.

22 (2) UNITED STATES MILITARY ASSISTANCE.—

23 The term ‘‘United States military assistance’’

24 means—
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1 (A) assistance under chapter 2 of part II

2 of the Foreign Assistance Act of 1961 (relating

3 to military assistance), including the transfer of

4 excess defense articles under section 516 of that

5 Act;

6 (B) assistance under chapter 5 of part II

7 of the Foreign Assistance Act of 1961 (relating

8 to international military education and training

9 or ‘‘IMET’’);

10 (C) assistance under chapter 8 of part I of

11 the Foreign Assistance Act of 1961 (relating to

12 international narcotics control assistance);

13 (D) assistance under chapter 8 of part II

14 of the Foreign Assistance Act of 1961 (relating

15 to antiterrorism assistance);

16 (E) assistance under section 2011 of title

17 10, United States Code (relating to training

18 with security forces of friendly foreign coun19 tries);

20 (F) assistance under section 1004 of the

21 National Defense Authorization Act for Fiscal

22 Year 1991 (relating to additional support for

23 counter-drug activities); and

24 (G) assistance under section 1033 of the

25 National Defense Authorization Act for Fiscal
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1 Year 1998 (relating to support for counter-drug

2 activities of Peru and Colombia).

3 (3) UNITED STATES MILITARY ASSISTANCE AND

4 ARMS TRANSFERS.—The term ‘‘United States mili5 tary assistance and arms transfers’’ means—

6 (A) United States military assistance (as

7 defined in paragraph (2)); or

8 (B)(i) the transfer of defense articles, de9 fense services, or design and construction serv10 ices under the Arms Export Control Act, in11 cluding defense articles or services licensed

12 under section 38 of such Act; and

13 (ii) any other assistance under the Arms

14 Export Control Act.

15 SEC. 6. REPORTS ON ACTIONS TAKEN BY THE UNITED

16 STATES TO ENCOURAGE RESPECT FOR

17 HUMAN RIGHTS.

18 (a) SECTION 116 REPORT.—Section 116(d) of the

19 Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is

20 amended—

21 (1) in paragraph (7), by striking ‘‘and’’ at the

22 end and inserting a semicolon;

23 (2) in paragraph (8), by striking the period at

24 the end and inserting ‘‘; and’’; and

25 (3) by adding at the end the following:
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1 ‘‘(9) for each country with respect to which a

2 determination has been made that extrajudicial

3 killings, torture, or other serious violations of human

4 rights have occurred in the country, the extent to

5 which the United States has taken or will take ac6 tion to encourage an end to such practices in the

7 country.’’.

8 (b) SECTION 502B REPORT.—Section 502B(b) of the

9 Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is

10 amended by inserting after the 4th sentence the following:

11 ‘‘Such report shall also include, for each country with re12 spect to which a determination has been made that

13 extrajudicial killings, torture, or other serious violations

14 of human rights have occurred in the country, the extent

15 to which the United States has taken or will take action

16 to encourage an end to such practices in the country.’’.

17 SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS FOR THE

18 NATIONAL ENDOWMENT FOR DEMOCRACY.

19 There are authorized to be appropriated for the De20 partment of State to carry out the National Endowment

21 for Democracy Act, $50,000,000 for fiscal year 2001, and

22 $50,000,000 for fiscal year 2002.

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