[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3189 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3189

To promote the development of democratic institutions and full respect 
           for human rights in the countries of Central Asia.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2005

   Mr. Smith of New Jersey introduced the following bill; which was 
          referred to the Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
To promote the development of democratic institutions and full respect 
           for human rights in the countries of Central Asia.

    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 ``Central Asia Democracy and Human 
Rights Act of 2005''.

SEC. 2. FINDINGS.

     Congress finds the following:
            (1) More than 13 years after independence, the five 
        countries of Central Asia--Kazakhstan, Kyrgyzstan, Tajikistan, 
        Turkmenistan, and Uzbekistan--are struggling, to varying 
        degrees, with their transition from authoritarian rule to 
        democratic societies that fully respect human rights and uphold 
        their freely undertaken commitments as participating States in 
        the Organization for Security and Cooperation in Europe (OSCE).
            (2) As OSCE participating States, the countries of Central 
        Asia committed themselves in the Charter of Paris for a New 
        Europe to ``build, consolidate and strengthen democracy as the 
        only system of government of our nations''.
            (3) In the Global War on Terrorism, the United States is 
        increasingly engaged with the countries of Central Asia on a 
        political, economic, and military basis.
            (4) In the Global War on Terrorism, policies that bolster 
        authoritarian governments which suppress and terrorize their 
        own people will ultimately be self defeating, as repression 
        often breeds extremism and terrorism.
            (5) The Final Report of the National Commission on 
        Terrorist Attacks Upon the United States (commonly referred to 
        as the ``9/11 Commission'') recommended: ``The U.S. government 
        must define what the message is, what it stands for. We should 
        offer an example of moral leadership in the world, committed to 
        treat people humanely, abide by the rule of law, and be 
        generous and caring to our neighbors.''.
            (6) The September 2004 Final Report of the Defense Science 
        Board Task Force on Strategic Communication stated: ``The 
        perception of intimate U.S. support of tyrannies in the Muslim 
        World is perhaps the critical vulnerability in American 
        strategy. It strongly undercuts our message, while strongly 
        promoting that of the enemy.''.
            (7) In a speech to the United Nations General Assembly on 
        September 21, 2004, President George W. Bush stated: ``People 
        everywhere are capable of freedom, and worthy of freedom . . . 
        For too long, many nations, including my own, tolerated, even 
        excused, oppression in the Middle East in the name of 
        stability. Oppression became common, but stability never 
        arrived. We must take a different approach.''.
            (8) In keeping with the President's objectives outlined in 
        the September 21, 2004, speech to the United Nations General 
        Assembly, the United States has a clear opportunity to 
        implement short-term policies promoting stability in the 
        countries of Central Asia, stand for human dignity, foster 
        security, and build long-term popular support for the United 
        States.
            (9) The September 2002 National Security Strategy of the 
        United States of America stated: ``America must stand firmly 
        for the nonnegotiable demands of human dignity: the rule of 
        law; limits on the absolute power of the state; free speech; 
        freedom of worship; equal justice; respect for women; religious 
        and ethnic tolerance; and respect for private property.''.
            (10) The National Security Strategy of the United States of 
        America further elaborated that the United States must ``make 
        freedom and the development of democratic institutions key 
        themes in our bilateral relations, seeking solidarity and 
        cooperation from other democracies while we press governments 
        that deny human rights to move toward a better future''.
            (11) In his second inaugural address on January 20, 2005, 
        President George W. Bush stated: ``For as long as whole regions 
        of the world simmer in resentment and tyranny--prone to 
        ideologies that feed hatred and excuse murder--violence will 
        gather, and multiply in destructive power, and cross the most 
        defended borders, and raise a mortal threat.''. In this 
        address, President Bush further declared: ``It is the policy of 
        the United States to seek and support the growth of democratic 
        movements and institutions in every nation and culture, with 
        the ultimate goal of ending tyranny in our world.''.

SEC. 3. SENSE OF THE CONGRESS.

    It is the sense of Congress that--
            (1) the United States should support those governments and 
        individuals making substantial and sustained progress to 
        establish democracy, guarantee the rule of law, and protect 
        human rights;
            (2) the United States should use every means at its 
        disposal to encourage the countries of Central Asia to provide 
        greater respect for democracy, the rule of law, and human 
        rights, thereby promoting the long-term stability and security 
        of the Central Asian region, and ensure that all assistance 
        programs for the Central Asian region support and communicate 
        this goal; and
            (3) the United States should seek and support the growth of 
        democratic movements and institutions in every nation and 
        culture, with the ultimate goal of ending tyranny in our world.

SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY, RULE OF LAW, AND HUMAN RIGHTS 
              IN THE COUNTRIES OF CENTRAL ASIA.

    (a) Purposes of Assistance.--The purposes of assistance under this 
section include--
            (1) to encourage free and fair presidential, parliamentary, 
        and local elections in the countries of Central Asia, conducted 
        in a manner consistent with Organization for Security and 
        Cooperation in Europe (OSCE) and internationally accepted 
        standards and under the supervision of international observers;
            (2) to ensure in the countries of Central Asia the full 
        respect for all human rights, including freedom of expression 
        and the media, freedom of religion and association, prevention 
        of torture, and the end of human trafficking from, to, and 
        through the Central Asian region; and
            (3) to develop rule of law, in particular independent 
        judicial systems and professional law enforcement, and to 
        combat corruption.
    (b) Authorization for Assistance.--To carry out the purposes of 
subsection (a), the President is authorized to provide assistance for 
the countries of Central Asia to support the activities described in 
subsection (c).
    (c) Activities Supported.--Activities that may be supported by 
assistance under subsection (b) include--
            (1) observing elections and promoting free and fair 
        electoral processes;
            (2) developing sustainable civic organizations, including 
        democratic political parties;
            (3) establishing nongovernmental organizations that promote 
        democracy and support human rights;
            (4) developing independent media to work in the countries 
        of Central Asia, supported by nonstate-controlled printing 
        facilities;
            (5) independent radio and television broadcasting to and 
        within the countries of Central Asia;
            (6) encouraging the liberalization of laws affecting 
        religious practice and their enforcement to promote greater 
        freedoms for individuals to meet alone or in community with 
        others, and in the sharing of beliefs;
            (7) educating law enforcement officials with respect to the 
        existence and enforcement of legal prohibitions concerning 
        torture;
            (8) prosecuting human traffickers, as well as providing 
        increased police training and education efforts;
            (9) training and assistance for judicial reform and 
        development;
            (10) training in effective human rights and humanitarian 
        law as a part of training programs for security forces of the 
        countries of Central Asia;
            (11) establishing programs to combat corruption and support 
        good governance; and
            (12) other activities consistent with the purposes of this 
        section.
    (d) Report.--
            (1) In general.--Not later than six months after the date 
        of the enactment of this Act, and every six months thereafter, 
        the President shall transmit to the appropriate congressional 
        committees a report on assistance provided for the countries of 
        Central Asia under this section for the six-month period ending 
        30 days prior to the transmission of the report.
            (2) Contents.--The report shall include with respect to 
        each country of Central Asia a detailed description of each of 
        the following:
                    (A) The types and amount of assistance provided 
                under this section, including the types and amount of 
                defense articles and defense services and the amount of 
                financial assistance.
                    (B) The use of such assistance, including the use 
                of defense articles, defense services, and financial 
                assistance, by units of the armed forces, border 
                guards, or other security forces of the country.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the President to carry out this section not less than 
        $188,000,000 for fiscal year 2006 and each subsequent fiscal 
        year.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.

SEC. 5. RADIO BROADCASTING TO THE COUNTRIES OF CENTRAL ASIA.

    (a) Purpose.--The purpose of this section is to authorize increased 
support for surrogate radio broadcasting to the countries of Central 
Asia that will facilitate the unhindered dissemination of information 
in the Central Asian region.
    (b) Authorization of Appropriations.--In addition to such sums as 
are otherwise authorized to be appropriated, there are authorized to be 
appropriated not less than $15,000,000 for fiscal year 2006 and each 
subsequent fiscal year for Voice of America and RFE/RL, Incorporated 
for expanded radio broadcasting to the people of the countries of 
Central Asia in languages spoken in Central Asia.
    (c) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report on how funds are 
appropriated and allocated pursuant to the authorizations of 
appropriations under subsection (b) and section 4(d) will be used to 
provide AM and FM broadcasting that covers the Central Asian region and 
delivers independent and uncensored programming.

SEC. 6. LIMITATION ON UNITED STATES ASSISTANCE TO THE COUNTRIES OF 
              CENTRAL ASIA.

    (a) Limitation on Assistance.--Subject to paragraphs (1) through 
(3) of subsection (c), the full amount of assistance described in 
subsection (e) that is allocated for the government of a country of 
Central Asia for a fiscal year may be provided to the government of the 
country only if the President certifies to the appropriate 
congressional committees that the government of the country meets the 
requirements described in subsection (b).
    (b) Requirements.--The requirements described in this subsection 
are the following:
            (1) Democratization.--The government of the country is 
        making substantial, sustained, and demonstrable progress toward 
        democratization, such as the establishment of a legal 
        framework, the conduct of free and fair elections (as 
        determined by monitors of the Organization for Security and 
        Cooperation in Europe (OSCE)), the establishment of political 
        pluralism, and equal opportunity for women.
            (2) Freedom of expression and the media.--The government of 
        the country is making substantial, sustained, and demonstrable 
        progress toward freedom of expression, such as the 
        establishment of a legal framework, the elimination of 
        suppressive government actions and the elimination of legal 
        penalties for criticizing the government or government 
        officials, and openness of media.
            (3) Freedom of religion, association, and the right of 
        peaceful assembly.--The government of the country is making 
        substantial, sustained, and demonstrable progress toward--
                    (A) freedom of religion, such as the ability of 
                individuals and communities to freely profess and 
                practice their faith, to share beliefs openly, the 
                opportunity for religious organizations to gain legal 
                status, and the ability or individuals and communities 
                to congregate for worship or other functions openly;
                    (B) freedom of association; and
                    (C) the right of peaceful assembly and the absence 
                of prisoners of conscience.
            (4) Prevention of torture.--The government of the country 
        is making substantial, sustained, and demonstrable progress 
        toward the establishment and enforcement of legal prohibitions 
        against torture and cruel, inhuman, or degrading treatment or 
        punishment, public denunciations of torture, cooperation with 
        the International Committee of the Red Cross and the United 
        Nations Special Rapporteur on Torture on these matters, as 
        appropriate, and the prosecution of individuals accused of 
        perpetrating acts of torture.
            (5) Rule of law; nondiscrimination.--The government of the 
        country is making substantial, sustained, and demonstrable 
        progress toward the establishment and enforcement of the right 
        to a fair trial, independence of the judiciary, implementation 
        of anti-corruption programs, efforts to combat trafficking in 
        persons, and nondiscriminatory treatment of ethnic, religious 
        and linguistic minorities.
    (c) Withholding of Assistance.--
            (1) First fiscal year.--If the President does not certify 
        under subsection (a) that the government of a country of 
        Central Asia meets the requirements described in subsection (b) 
        for a fiscal year, then 33 percent of the amount of assistance 
        described in subsection (e) that is allocated for the 
        government of the country for such fiscal year shall be 
        withheld from obligation and expenditure.
            (2) Second fiscal year.--If the President does not certify 
        under subsection (a) that the government of a country of 
        Central Asia meets the requirements described in subsection (b) 
        for a second consecutive fiscal year, then 66 percent of the 
        amount of assistance described in subsection (e) that is 
        allocated for the government of the country for such fiscal 
        year shall be withheld from obligation and expenditure.
            (3) Third and subsequent fiscal years.--
                    (A) Withholding.--If the President does not certify 
                under subsection (a) that the government of a country 
                of Central Asia meets the requirements described in 
                subsection (b) for a third consecutive fiscal year, 
                then 100 percent of the amount of assistance described 
                in subsection (e) that is allocated for the government 
                of the country for such fiscal year, and each 
                consecutive subsequent fiscal year with respect to 
                which a presidential certification under subsection (a) 
                is not made, shall be withheld from obligation and 
                expenditure.
                    (B) Waiver.--The President may waive the 
                application of subparagraph (A) with respect to a third 
                consecutive fiscal year, or a consecutive subsequent 
                fiscal year described in such subparagraph, if the 
                President determines and certifies to the appropriate 
                congressional committees that it is important to the 
                national security of the United States to do so. If the 
                President exercises the waiver authority under this 
                subparagraph for a fiscal year, then 66 percent of the 
                amount of assistance described in subsection (e) that 
                is allocated for the government of the country for such 
                fiscal year shall be withheld from obligation and 
                expenditure.
            (4) Use of withheld assistance.--Amounts withheld from 
        obligation and expenditure under this subsection for a fiscal 
        year are authorized to be made available for assistance under 
        section 4 of this Act.
    (d) Reinstatement of Assistance.--If the President certifies under 
subsection (a) that the government of a country of Central Asia meets 
the requirements of subsection (b) for a fiscal year following a fiscal 
year with respect to which funds are withheld from obligation and 
expenditure under paragraph (1), (2), or (3) of subsection (c), then 
the amount of assistance described in subsection (e) that is allocated 
for the government of the country for such fiscal year, and each 
consecutive subsequent fiscal year with respect to which an additional 
presidential certification under subsection (a) is made, may be 
increased by 33 percent for each such fiscal year, not to exceed 100 
percent of the amount of assistance described in subsection (e) that is 
allocated for the government of the country for any such fiscal year.
    (e) Assistance Described.--Assistance described in this subsection 
is the following:
            (1) Assistance under the Foreign Assistance Act of 1961, 
        including programs under title IV of chapter 2 of part I of 
        such Act (relating to the Overseas Private Investment 
        Corporation) and assistance under chapter 12 of part I of such 
        Act (relating to support for the economic and political 
        independence of the countries of the South Caucasus and Central 
        Asia), other than--
                    (A) disaster relief assistance, including any 
                assistance under chapter 9 of part I of that Act;
                    (B) assistance which involves the provision of food 
                (including monetization of food) or medicine;
                    (C) assistance for refugees; and
                    (D) assistance to combat HIV/AIDS, including any 
                assistance under section 104A of that Act.
            (2) Sales, or financing on any terms, under the Arms Export 
        Control Act.
            (3) Assistance made available by reason of the application 
        of section 9009 of the Department of Defense Appropriations 
        Act, 2005, or any related or successor provision of law.
            (4) The provision of training, equipment, transportation, 
        or other support for the armed forces under any provision of 
        law, other than assistance under programs and activities 
        specified in section 1501(b) of the National Defense 
        Authorization Act for Fiscal Year 1997 (relating to Cooperative 
        Threat Reduction programs).
    (f) Effective Date.--The requirements of this section apply with 
respect to funds appropriated for assistance for the governments of the 
countries of Central Asia for fiscal year 2006 and subsequent fiscal 
years.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations and the 
                Committee on International Relations of the House of 
                Representatives; and
                    (B) the Committee on Appropriations and the 
                Committee on Foreign Relations of the Senate.
            (2) Countries of central asia.--The term ``countries of 
        Central Asia'' means Kazakhstan, Kyrgyzstan, Tajikistan, 
        Turkmenistan, and Uzbekistan.
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