Cambodia Democracy and Accountability Act of 2003 (Introduced in Senate)

S 1365 IS

To provide increased foreign assistance for Cambodia under certain circumstances, and for other purposes.

June 26, 2003

Mr. MCCONNELL (for himself, Mr. KYL, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

To provide increased foreign assistance for Cambodia under certain circumstances, 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 `Cambodia Democracy and Accountability Act of 2003'.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) The Government of Cambodia , led by Prime Minister Hun Sen, has failed to provide for the welfare of the people of Cambodia .

(2) The Government of Cambodia , under the control of the ruling Cambodian People's Party (CPP), has repeatedly abused the human rights and dignity of the people of Cambodia by suppressing freedom of assembly, belief, and speech.

(3) According to the State Department's annual report on human rights, there is no independent judiciary in Cambodia despite constitutional guarantees, and courts are subject to `influence and interference' by the CPP.

(4) The United Nations, through Resolution 57/225, expressed serious and grave concerns with the human rights situation in Cambodia , including impunity for violations of human rights.

(5) According to the State Department's annual report on human rights, security forces are nominally under the control of civilian authority, `but in practice answer to persons within the CPP'.

(6) Security forces in Cambodia are responsible for extra-judicial killings and torture, and are suspected of conducting a terrorist attack against the Khmer Nation Party in March 1997, during which American democracy worker, Ron Abney, was seriously injured.

(7) According to the Department of State's `Report to Congress on the Anti-Thai Riots in Cambodia on January 29, 2003', the Government of Cambodia bears responsibility for riots against Thailand in Phnom Penh, and was `incompetent in handling the unfolding crisis' that resulted in $50,000,000 in damages to Thai public and private interests.

(8) The Government of Cambodia exerts total control over national and local election organizations, and restricts fair and equal access to media to competing democratic political parties.

(9) Since 1993, the international community has repeatedly failed to hold the Government of Cambodia , and in particular Prime Minister Hun Sen, accountable for lawless and repressive actions that undermines security, peace, and stability in Cambodia .

(10) The people of Cambodia deserve representative and responsive government that promotes peace, development, and prosperity.

SEC. 3. INCREASED FOREIGN ASSISTANCE FOR CAMBODIA .

(a) IN GENERAL- Subject to the requirements of subsection (b), an additional $21,500,000 shall be made available for assistance for Cambodia above the fiscal year 2004 budget request of $43,000,000.

(b) CERTIFICATION REQUIRED- Increased assistance for Cambodia under subsection (a) shall only be made available if the Secretary of State certifies and reports to the appropriate congressional committees that new leadership in Cambodia has been elected in free and fair elections, and that Prime Minister Hun Sen is no longer in power.

SEC. 4. RESTRICTIONS OR ASSISTANCE FOR A KHMER ROUGE TRIBUNAL.

Assistance may be provided to support, directly or indirectly, a Khmer Rouge tribunal, trial, or other legal venue established by the Government of Cambodia with the assistance of the United Nations if the President determines and reports to the appropriate congressional committees that such tribunal, trial, or other legal venue--

(1) is not subject to the control or influence of the ruling Cambodian People's Party;

(2) includes participation of judges of high moral character;

(3) is supported by democratic Cambodian political parties; and

(4) meets international standards of justice.

SEC. 5. RESUMPTION OF FBI INVESTIGATION.

Not later than 90 days after the date of enactment of this Act, the Federal Bureau of Investigations shall resume its investigation into the March 1997, grenade attack in Cambodia , and shall report to the appropriate congressional committees on an ongoing and regular basis until such time as the investigation is completed.

SEC. 6. DEFINITION.

For purposes of this Act, the term `appropriate congressional committees' means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations of the House of Representatives.