Short title

This Act may be cited as the Central Asia Democracy and Human Rights Promotion Act of 2006.

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..

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.

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.

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.

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.

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.

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.

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.