[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5382 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5382

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2006

 Mr. Smith of New Jersey (for himself, Mr. McIntyre, Mr. McCotter, Mr. 
  Lantos, Mr. Pitts, Mr. Burton of Indiana, and Mrs. Jo Ann Davis of 
  Virginia) introduced the following bill; which was referred to the 
Committee on International Relations, and in addition to the Committee 
  on the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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 Promotion Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Fifteen 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: ``[T]he United States 
        must stand for a better future. One of the lessons of the long 
        Cold War was that short-term gains in cooperating with the most 
        repressive and brutal governments were too often outweighed by 
        long-term setbacks for America's stature and interests.''.
            (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 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.''.
            (9) The October 2005 National Intelligence Strategy of the 
        United States of America, issued by the Director of National 
        Intelligence, stated: ``We have learned at our peril that the 
        lack of freedom in one state endangers the peace and freedom of 
        others. . . . Self-sustaining democratic states are essential 
        to world peace and development.''.
            (10) The March 2006 National Security Strategy of the 
        United States of America states: ``The United States must 
        defend liberty and justice because these principles are right 
        and true for all people everywhere.''.
            (11) The National Security Strategy of the United States of 
        America further elaborates: ``These nonnegotiable demands of 
        human dignity are protected most securely in democracies. The 
        United States Government will work to advance human dignity in 
        word and deed, speaking out for freedom and against violations 
        of human rights and allocating appropriate resources to advance 
        these ideals.''.

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 peaceful 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;
            (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, conducted in a manner 
        consistent with OSCE and internationally accepted standards; 
        and
            (3) to develop rule of law, in particular independent 
        judicial systems and professional law enforcement, and to 
        combat corruption, conducted in a manner consistent with OSCE 
        and internationally accepted standards.
    (b) Authorization for Assistance.--
            (1) In general.--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).
            (2) Limitation.--The authority to provide assistance for 
        the countries of Central Asia under paragraph (1) shall be 
        subject to all applicable limitations on assistance for such 
        countries and other requirements relating to assistance for 
        such countries under any Act making appropriations for foreign 
        operations, export financing, and related programs.
    (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) encouraging the development of sustainable civic 
        structures representative of society, such as environmental 
        groups, independent labor unions, democratic political parties, 
        and other community-based organizations;
            (3) maintaining libraries in the languages of Central Asia 
        to explain democracy in the United States;
            (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, to move freely, 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, including on 
        forced labor;
            (9) training and assistance for judicial reform and 
        development;
            (10) training in democratic governance and human rights for 
        nationals and exiles of the countries of Central Asia who are 
        unable to live in their own country due to fear of persecution;
            (11) training in effective human rights and humanitarian 
        law as a part of non-lethal training programs for units of the 
        security forces of the countries of Central Asia (other than 
        any unit of the security forces of such countries with respect 
        to which the Secretary of State has credible evidence that such 
        unit has committed gross violations of human rights);
            (12) establishing programs to combat corruption and support 
        good governance; and
            (13) other activities consistent with the purposes of this 
        section.
    (d) Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and annually 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 one-year 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. In addition, the name of each 
                department or agency of the Government of the United 
                States that provides assistance under this section and 
                the name of each recipient of such 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 $118,200,000 for each 
        of the fiscal years 2007 and 2008.
            (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 regarding the activities supported by this 
Act.
    (b) Authorization of Appropriations.--In addition to such sums as 
are otherwise authorized to be appropriated, there are authorized to be 
appropriated $15,000,000 for each of the fiscal years 2007 and 2008 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, including broadcasting in the Russian 
language, and the establishment of Internet websites.
    (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(e) will be used to 
provide shortwave, 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 GOVERNMENTS OF 
              COUNTRIES OF CENTRAL ASIA.

    (a) Limitation.--
            (1) In general.--Amounts made available by an Act making 
        appropriations for foreign operations, export financing, and 
        related programs for a fiscal year may be provided to the 
        government of a country of Central Asia only if the Secretary 
        of State certifies to the appropriate congressional committees 
        that the government of the country has made significant 
        improvements in the protection of human rights during the 
        preceding one-year period, including in the areas of 
        democratization, speech and press freedoms, freedom of 
        religion, efforts to combat torture, and the rule of law.
            (2) Additional limitation.--The limitation on assistance 
        for the government of a country of Central Asia under paragraph 
        (1) is in addition to any other applicable limitation on 
        assistance for such government and any other requirement 
        relating to assistance for such government under any Act making 
        appropriations for foreign operations, export financing, and 
        related programs.
    (b) Waiver.--The Secretary of State may waive the application of 
subsection (a) with respect to the government of a country of Central 
Asia if the Secretary determines and reports to the appropriate 
congressional committees that such a waiver is important to the 
national security of the United States and includes the reasons for the 
determination.
    (c) Use of Withheld Assistance.--Any amounts withheld from 
obligation and expenditure for assistance to the government of a 
country of Central Asia by reason of the application of subsection (a) 
for a fiscal year are authorized to be made available for assistance 
for training relating to democratic governance and human rights for 
domestic civil society groups or nationals or exiles of the Central 
Asian country who are unable to live in their own country due to fear 
of persecution.
    (d) 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 years 2007 and 2008.

SEC. 7. SANCTIONS AGAINST UZBEKISTAN.

    (a) Limitation on Assistance.--Amounts made available by an Act 
making appropriations for foreign operations, export financing, and 
related programs for a fiscal year may be provided to the central 
Government of Uzbekistan only if the Secretary of State determines and 
reports to the appropriate congressional committees that--
            (1) the Government of Uzbekistan is making substantial and 
        continuing progress in meeting its commitments under the 
        `Declaration on the Strategic Partnership and Cooperation 
        Framework Between the Republic of Uzbekistan and the United 
        States of America', including respect for human rights, 
        establishing a genuine multi-party system, and ensuring free 
        and fair elections, freedom of expression, and the independence 
        of the media; and
            (2) a credible international investigation of the May 13, 
        2005, shootings in Andijan is underway with the support of the 
        Government of Uzbekistan.
    (b) Identification of Individuals to Be Subject to Restrictions.--
The Secretary of State shall--
            (1) identify Uzbek officials, their immediate family 
        members, and any associates of those so named, implicated in 
        the Andijan massacre, involved through the chain of command in 
        such abuses, or involved in other gross violations of human 
        rights committed in Uzbekistan; and
            (2) notify the Secretary of the Treasury, Attorney General, 
        and the appropriate congressional committees of such 
        identification.
    (c) Freezing of Assets.--
            (1) In general.--The Secretary of the Treasury shall 
        immediately block any assets, property, transactions in foreign 
        exchange, currency, or securities, and transfers of credit or 
        payments between, by, through, or to any banking institution 
        under the jurisdiction of the United States of an individual 
        identified under subsection (b) of this section.
            (2) Reporting requirement.--Not later than 14 days after a 
        decision to freeze the assets identified in this subsection of 
        any individual identified under subsection (b), the Secretary 
        of the Treasury shall--
                    (A) report the name of such individual to the 
                appropriate congressional committees; and
                    (B) require any United States financial institution 
                holding such funds or assets shall promptly report 
                those funds and assets to the Office of Foreign Assets 
                Control.
    (d) Visa Ban.--The Secretary of State may not issue any visa to, 
and the Attorney General may not admit to the United States, any 
individual identified under subsection (b) of this section.
    (e) Waiver.--The Secretary of the Treasury may waive the 
prohibition in subsection (c) and the Secretary of State may waive the 
prohibition in subsection (d) if the Secretary concerned determines and 
certifies to the appropriate congressional committees that it is 
important to the national security of the United States to do so.
    (f) Munitions Export Licenses.--The Secretary of State shall 
prohibit the export to Uzbekistan of any item, including the issuance 
of a license for the export of any item, on the United States Munitions 
List. The Secretary of Commerce shall prohibit the export to Uzbekistan 
of any item on the Commerce Control List of dual-use items in the 
Export Administration Regulations.
    (g) Report Regarding United States Policy Toward Uzbekistan.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        to the appropriate congressional committees a report regarding 
        United States policy toward Uzbekistan.
            (2) Contents.--The report required by paragraph (1) shall 
        include a detailed description of each of the following:
                    (A) The objectives of United States policy toward 
                Uzbekistan with respect to democratization, human 
                rights, economic reforms, regional security, and the 
                war on terrorism.
                    (B) The strategy of the Government of the United 
                States for achieving the objectives described under 
                subparagraph (A).
                    (C) The steps taken by the Government of the United 
                States to advance the strategy described under 
                subparagraph (B) since the massacre in Andijan and the 
                decision of the Government of Uzbekistan to expel 
                United States military forces from Uzbekistan.
            (3) Form.--The report required by paragraph (1) shall be in 
        unclassified form but may contain a classified annex.
    (h) Effective Date.--The requirements of--
            (1) subsection (a) apply with respect to funds appropriated 
        for assistance for the Government of Uzbekistan for fiscal 
        years 2007 and 2008; and
            (2) subsections (b) through (f) apply during fiscal years 
        2007 and 2008.

SEC. 8. REPORT.

    Prior to the initial obligation of assistance for the government of 
a country of Central Asia for a fiscal year, the Secretary of State 
shall submit to the appropriate congressional committees a report 
describing--
            (1) whether the government is forcibly returning Uzbeks or 
        other refugees who have fled violence and political 
        persecution, in violation of the 1951 Geneva Convention 
        Relating to the Status of Refugees and the Convention Against 
        Torture and Other Forms of Cruel, Inhuman, or Degrading 
        Treatment;
            (2) efforts made by the United States to prevent such 
        returns; and
            (3) the response of the government to those situations.

SEC. 9. 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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