 |
 |
East Timor
Transition to Independence Act of 2001
Identical versions of this bill were introduced in the House and Senate. Note: The East Timor Action Network has yet to take a position on this legislation. We will shortly publish an analysis of the bill. Press
Release by Rep. Lantos on introduction of House version of the bill
(HR 675) S. 375 (List of Sponsors) [to come] 107th CONGRESS 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 February 15, 2001 Mr. KENNEDY (for himself, Mr. CHAFEE, Mr. LEAHY, Mr. HARKIN, Mr. FEINGOLD, Mr. REED, Mr. JEFFORDS, and Mr. KERRY) 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 2001'. 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 at least 1,000 people. (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 to provide 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) help ensure that the nature and pace of the economic transition in East Timor is consistent with the needs and priorities of the East Timorese people, that East Timor develops a strong and independent economic infrastructure, and that the incomes of the East Timorese people rise accordingly; (3) begin to lay the groundwork, prior to East Timor's independence, for an equitable bilateral trade and investment relationship; (4)(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; (5) 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; (C) the possible establishment of an international tribunal for East Timor; and (D) sharing with the United Nations Transitional Administration for East Timor (UNTAET) and East Timorese investigators any unclassified information relevant to past atrocities in East Timor gathered by the United States Government; and (6)(A) as an interim step, support observer status for an official delegation from East Timor to observe and participate, as appropriate, in all deliberations of the Asia-Pacific Economic Cooperation (APEC) group, the Association of Southeast Asian Nations (ASEAN), and other international institutions; and (B) after East Timor achieves independence, support full membership for East Timor in these and other international institutions, as appropriate. 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, including support for small business and microenterprise programs, environmental protection, sustainable development, development of East Timor's health care infrastructure, educational programs, and programs strengthening the role of women in society; (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 the President to carry out this section $30,000,000 for each of the fiscal years 2002, 2003, and 2004. (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 Secretary of the Treasury 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 to the Peace Corps to carry out this section $2,000,000 for each of the fiscal years 2001, 2002, 2003, and 2004. (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, emphasizing partnerships with local East Timorese enterprises. (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 the Trade and Development Agency to carry out this subsection $1,000,000 for each of the fiscal years 2001, 2002, 2003, and 2004. (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 shall be in unclassified form, with a classified annex as necessary. SEC. 12. SECURITY ASSISTANCE FOR EAST TIMOR. (a) AUTHORIZATION- Beginning on 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 education and training (IMET) assistance will enhance professionalism of the armed forces of East Timor, provide training in human rights, and promote respect for human rights and humanitarian law; and (C) the terms and conditions under which such defense articles or training, as appropriate, should be provided. (2) REPORT- Not later than 1 month after the date of enactment of this Act, the President shall submit a report to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives setting forth the findings of the study conducted under paragraph (1). SEC. 13. AUTHORITY FOR RADIO BROADCASTING. The Broadcasting Board of Governors shall further the communication of information and ideas through the increased use of audio broadcasting to East Timor to ensure that radio broadcasting to that country serves as a consistently reliable and authoritative source of accurate, objective, and comprehensive news. SEC. 14. REPORTING REQUIREMENT. (a) IN GENERAL- Not later than three months after the date of the enactment of this Act, and every six months thereafter until January 1, 2004, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the Secretary of the Treasury, the United States Trade Representative, the Secretary of Commerce, the Overseas Private Investment Corporation, the Director of the Trade and Development Agency, the President of the Export-Import Bank of the United States, the Secretary of Agriculture, and the Director of the Peace Corps, shall prepare and transmit 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 information described in subsection (b). (b) INFORMATION- The report required by subsection (a) shall include-- (1) developments in East Timor's political and economic situation in the period covered by the report, including an evaluation of any elections occurring in East Timor and the refugee reintegration process in East Timor; (2)(A) in the initial report, a 3-year plan for United States foreign assistance to East Timor in accordance with section 4, prepared by the Administrator of the United States Agency for International Development, which outlines the goals for United States foreign assistance to East Timor during the 3-year period; and (B) in each subsequent report, a description in detail of the expenditure of United States bilateral foreign assistance during the period covered by each such report; (3) a description of the activities undertaken in East Timor by the International Bank for Reconstruction and Development, the Asian Development Bank, and other international financial institutions, and an evaluation of the effectiveness of these activities; (4) an assessment of-- (A) the status of United States trade and investment relations with East Timor, including a detailed analysis of any trade and investment-related activity supported by the Overseas Private Investment Corporation, the Export-Import Bank of the United States, and the Trade and Development Agency during the period of time since the previous report; and (B) the status of any negotiations with the United Nations Transitional Administration for East Timor (UNTAET) or East Timor to facilitate the operation of the United States trade agencies in East Timor; (5) the nature and extent of United States-East Timor cultural, education, scientific, and academic exchanges, both official and unofficial, and any Peace Corps activities; (6) a comprehensive study and report on local agriculture in East Timor, emerging opportunities for producing, processing, and exporting indigenous agricultural products, and recommendations for appropriate technical assistance from the United States; and (7) statistical data drawn from other sources on economic growth, health, education, and distribution of resources in East Timor. STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - February 15, 2001) [Page: S1518] By Mr. KENNEDY (for himself, Mr. Chafee, Mr. Leahy, Mr. Harkin, Mr. Feingold, Mr. Reed, Mr. Jeffords, and Mr. Kerry): S. 375. A bill to provide assistance to East Timor to facilitate the transition of East Timor to an independent nation, and for other purposes; to the Committee on Foreign Relations. Mr. KENNEDY. Mr. President, today, along with Senators Chafee, Leahy, Harkin, Feingold, Reed, Jeffords, and Kerry, I am introducing legislation to help facilitate East Timor's transition to independence. Congressman Lantos, Congressman CHRIS SMITH, and others have introduced identical legislation in the House of Representatives. In August 1999, after almost three decades of unrest under Indonesian rule, the people of East Timor voted overwhelmingly in favor of independence. They did so at great personal risk. Anti-independence militia groups killed hundreds, hoping to intimidate and retaliate against those supporting independence. The militias also destroyed or severely damaged seventy percent of East Timor's infrastructure. Government services and public security were severely undermined. An international effort, led by Australia and including the United States, brought much-needed stability to East Timor . Now, under the United Nation's Transitional Authority, stability is taking hold again in East Timor , and normal life is slowly returning. In coming months, looking to America and other democratic nations as an example, East Timor's leaders will hold a constitutional convention to decide which form of democratic government to adopt. It is a process that reminds us of our own Constitutional Convention and would make our Founding Fathers proud. Late next year, after choosing a form of democratic government and electing leaders, East Timor is expected to declare its independence as the UN draws down. A new, democratic nation will take its rightful place in the world. This is a success story. It is a great success story. But it is far from over. East Timor remains one of the poorest places in Asia. Only 20 percent of its population is literate. The annual per capita gross national produce is $340. The people of East Timor need and deserve our help. The extraordinary physical and moral courage they demonstrated over the years is impressive. [Page: S1519] The great faith in the democratic process they showed by voting for independence under the barrel of a gun must not go unrewarded. This bill is our chance to help them, and help now. Its purpose is to put U.S. governmental programs and resources in place now and to enable U.S. government agencies to focus on the imminent reality of an independent East Timor . If we wait until East Timor declares its independence before we do the preliminary work, we will lose crucial time and do a disservice to both the United States and to East Timor . Specifically, this bill lays the groundwork for establishing a firm bilateral and multilateral assistance structure. It authorizes $25 million in bilateral assistance, $2 million for a Peace Corps presence and $1 million for a scholarship fund for East Timorese students to study in the United States. It encourages the President, the Overseas Private Investment Corporation, the Trade and Development Agency and other agencies to put in place now the tools and programs to create an equitable trade and investment relationship. It requires the State Department to establish an accredited mission to East Timor co-incident with independence. And it authorizes the provision of excess defense articles and international military education and training, after the President certifies that these articles and training are in the interests of the United States and will help promote human rights in East Timor and the professionalization of East Timor's armed services. The people of East Timor have chosen democracy. The United States has a golden opportunity to help them create their new democratic nation. But we must prepare for that day now. We must not miss this rare opportunity to help. I ask that a copy of the bill appear in the RECORD, and I urge my colleagues to support this bill. Back to: ETAN Legislative Section Background | What To Do | Resources | Legislation | Bookstore | Estafeta | Religious | Contact | Images | Site Index | Search |
