[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5948 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5948

           To reauthorize the Belarus Democracy Act of 2004.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2006

  Mr. Smith of New Jersey (for himself, Mr. Lantos, and Mr. McCotter) 
 introduced the following bill; which was referred to the Committee on 
   International Relations, and in addition to the Committees on the 
   Judiciary and Financial Services, 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 reauthorize the Belarus Democracy Act of 2004.

    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 ``Belarus Democracy Reauthorization 
Act of 2006''.

SEC. 2. FINDINGS.

    Section 2 of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 
note) is amended to read as follows:

``SEC. 2. FINDINGS.

    ``Congress makes the following findings:
            ``(1) The Government of the Republic of Belarus has engaged 
        in a pattern of clear, gross, and uncorrected violations of 
        human rights and fundamental freedoms.
            ``(2) The Government of Belarus has engaged in a pattern of 
        clear, gross, and uncorrected violations of basic principles of 
        democratic governance, including through a series of 
        fundamentally flawed presidential and parliamentary elections 
        undermining the legitimacy of executive and legislative 
        authority in that country.
            ``(3) The most recent presidential elections in Belarus 
        held on March 19, 2006, failed to meet the commitments of the 
        Organization for Security and Cooperation in Europe (OSCE) for 
        democratic elections and the arbitrary use of state power and 
        widespread detentions show a disregard for the basic rights of 
        freedom of assembly, association, and expression, and raise 
        doubts regarding the willingness of authorities in Belarus to 
        tolerate political competition.
            ``(4) The regime of Aleksandr Lukashenka has maintained 
        power in Belarus by orchestrating an illegal and 
        unconstitutional referendum that enabled him to impose a new 
        constitution, abolish the duly-elected parliament, the 13th 
        Supreme Soviet, install a largely powerless National Assembly, 
        extend his term of office, and remove applicable term limits.
            ``(5) The Government of Belarus has failed to make a 
        credible effort to solve the cases of disappeared opposition 
        figures Yuri Zakharenka, Viktor Gonchar, and Anatoly Krasovsky 
        in 1999 and journalist Dmitry Zavadsky in 2000, even though 
        credible allegations and evidence exist linking top officials 
        of the Lukashenka regime with these disappearances.
            ``(6) Political opposition figures Mikhail Marynich, 
        Mikalay Statkevych, Pavel Sevyarinets, Andrei Klimau, Valery 
        Levaneusky, and Siarhei Skrebets have been imprisoned or served 
        `corrective labor' sentences because of their political 
        activity.
            ``(7) Hundreds of pro-democratic political activists have 
        been subjected to frequent harassment and jailings, especially 
        during, and in the aftermath of the fatally flawed March 19, 
        2006, presidential elections in Belarus.
            ``(8) The Government of Belarus has attempted to maintain a 
        monopoly over the country's information space, targeting 
        independent media for systematic reprisals and elimination, 
        while suppressing the right to freedom of speech and expression 
        of those dissenting from the regime.
            ``(9) The Belarusian authorities have perpetuated a climate 
        of fear in Belarus by mounting a systematic crackdown on civil 
        society through the harassment, repression, and closure of 
        nongovernmental organizations and independent trade unions.
            ``(10) The Lukashenka regime has increasingly subjected 
        leaders and members of minority and unregistered religious 
        communities to harassment, including the imposition of heavy 
        fines, denying permission to meet for religious services, 
        prosecutions, and jail terms for activities in the practice of 
        their faith.
            ``(11) The Belarusian authorities have further attempted to 
        silence dissent through retribution against human rights and 
        pro-democracy activists through threats, firings, expulsions, 
        beatings and other forms of intimidation.''.

SEC. 3. STATEMENT OF POLICY.

    The Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) is 
amended--
            (1) by striking section 8;
            (2) by redesignating sections 3 through 7 as sections 4 
        through 8, respectively; and
            (3) inserting after section 2 the following new section:

``SEC. 3. STATEMENT OF POLICY.

    ``It is the policy of the United States--
            ``(1) to support the aspirations of the people of the 
        Republic of Belarus for democracy, human rights, and the rule 
        of law;
            ``(2) to support the aspirations of the people of the 
        Republic of Belarus to preserve the independence and 
        sovereignty of their country;
            ``(3) to seek and support the growth of democratic 
        movements and institutions in Belarus, with the ultimate goal 
        of ending tyranny in that country;
            ``(4) to refuse to accept the results of the fatally flawed 
        March 19, 2006, presidential elections held in Belarus and 
        support the call for new presidential elections; and
            ``(5) to work closely with other countries and 
        international organizations, including the European Union, to 
        promote the conditions necessary for the integration of Belarus 
        into the European community of democracies.''.

SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS.

    (a) Purposes of Assistance.--Section 4(a) of the Belarus Democracy 
Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended--
            (1) in paragraph (1), by striking ``regaining their freedom 
        and to enable them'' and inserting ``their pursuit of freedom, 
        democracy, and human rights and in their aspiration'';
            (2) in paragraph (2)--
                    (A) by striking ``free and fair'' and inserting 
                ``free, fair, and transparent''; and
                    (B) by adding at the end before the period the 
                following: ``and independent domestic observers''; and
            (3) in paragraph (3), by striking ``restoring and 
        strengthening institutions of democratic governance'' and 
        inserting ``the development of a democratic political culture 
        and civil society''.
    (b) Activities Supported.--Section 4(c) of the Belarus Democracy 
Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended--
            (1) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively;
            (2) by striking paragraphs (1) through (5) and inserting 
        the following new paragraphs:
            ``(1) expanding independent radio and television 
        broadcasting to and within Belarus;
            ``(2) facilitating the development of independent 
        broadcast, print, and Internet media working within Belarus and 
        from locations outside the country and supported by nonstate-
        controlled printing facilities;
            ``(3) aiding the development of civil society through 
        assistance to nongovernmental organizations promoting democracy 
        and supporting human rights, including youth groups, 
        entrepreneurs, and independent trade unions;
            ``(4) supporting the work of human rights defenders;
            ``(5) enhancing the development of democratic political 
        parties;
            ``(6) assisting the promotion of free, fair, and 
        transparent electoral processes;''; and
            (3) in paragraph (7) (as redesignated), by inserting 
        ``enhancing'' before ``international exchanges''.
    (c) Authorization of Appropriations.--
            (1) Amendments.--Section 4(d) of the Belarus Democracy Act 
        of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended--
                    (A) by striking ``such sums as may be necessary'' 
                and inserting ``$20,000,000''; and
                    (B) by striking ``2005 and 2006'' and inserting 
                ``2007 and 2008''.
            (2) Rule of construction.--The amendments made by paragraph 
        (1) shall not be construed to affect the availability of funds 
        appropriated pursuant to the authorization of appropriations 
        under section 4(d) of the Belarus Democracy Act of 2004 (as 
        redesignated) before the date of the enactment of this Act.

SEC. 5. RADIO AND TELEVISION BROADCASTING TO BELARUS.

    (a) Purpose.--Section 5(a) of the Belarus Democracy Act of 2004 (22 
U.S.C. 5811 note) (as redesignated) is amended by striking ``radio 
broadcasting'' and inserting ``radio and television broadcasting''.
    (b) Authorization of Appropriations.--
            (1) Amendments.--Section 5(b) of the Belarus Democracy Act 
        of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended--
                    (A) by striking ``such sums as may be necessary'' 
                and inserting ``$7,500,000'';
                    (B) by striking ``fiscal year 2005 and each 
                subsequent fiscal year'' and inserting ``each of the 
                fiscal years 2007 and 2008''; and
                    (C) by striking ``radio broadcasting'' and 
                inserting ``radio and television broadcasting''.
            (2) Rule of construction.--The amendments made by paragraph 
        (1) shall not be construed to affect the availability of funds 
        appropriated pursuant to the authorization of appropriations 
        under section 5(b) of the Belarus Democracy Act of 2004 (as 
        redesignated) before the date of the enactment of this Act.
    (c) Conforming Amendment.--Section 5 of the Belarus Democracy Act 
of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended in the 
heading by striking ``radio broadcasting'' and inserting ``radio and 
television broadcasting''.

SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

    (a) Amendment.--Section 6 of the Belarus Democracy Act of 2004 (22 
U.S.C. 5811 note) (as redesignated) is amended to read as follows:

``SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

    ``(a) Application of Sanctions.--The sanctions described in 
subsections (c) through (f) shall apply with respect to the Republic of 
Belarus until the President determines and certifies to the appropriate 
congressional committees that the Government of Belarus has made 
significant progress in meeting the conditions described in subsection 
(b).
    ``(b) Conditions.--The conditions referred to in subsection (a) are 
the following:
            ``(1) The release of individuals in Belarus who have been 
        jailed based on political or religious beliefs.
            ``(2) The withdrawal of politically motivated legal charges 
        against all opposition activists and independent journalists in 
        Belarus.
            ``(3) A full accounting of the disappearances of opposition 
        leaders and journalists in Belarus, including Victor Gonchar, 
        Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and 
        the prosecution of those individuals who are in any way 
        responsible for their disappearances.
            ``(4) The cessation of all forms of harassment and 
        repression against the independent media, independent trade 
        unions, nongovernmental organizations, youth groups, religious 
        organizations (including their leadership and members), and the 
        political opposition in Belarus.
            ``(5) The prosecution of senior leadership of the 
        Government of Belarus responsible for the administration of 
        fraudulent elections.
            ``(6) A full accounting of the embezzlement of state assets 
        by senior leadership of the Government of Belarus, their family 
        members, and other associates.
            ``(7) The holding of free, fair and transparent 
        presidential and parliamentary elections in Belarus consistent 
        with OSCE standards and under the supervision of 
        internationally recognized observers and independent domestic 
        observers.
    ``(c) Denial of Entry Into the United States of Senior Leadership 
of the Government of Belarus.--Notwithstanding any other provision of 
law, the Secretary of State shall exercise the authority under section 
212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to 
deny the entry into the United States of any alien who--
            ``(1) holds a position in the senior leadership of the 
        Government of Belarus;
            ``(2) is a family member or person closely linked to a 
        person inadmissible under subparagraph (A); or
            ``(3) through his or her business dealings with senior 
        leadership of the Government of Belarus derives significant 
        financial benefit from policies or actions, including electoral 
        fraud, human rights abuses, or corruption, that undermine or 
        injure democratic institutions or impede the transition to 
        democracy in Belarus.
    ``(d) Prohibition on Loans and Investment.--
            ``(1) United states government financing.--No loan, credit 
        guarantee, insurance, financing, or other similar foreign 
        assistance may be extended by any agency of the Government of 
        the United States (including the Export-Import Bank of the 
        United States and the Overseas Private Investment Corporation) 
        to the Government of Belarus, except with respect to the 
        provision of humanitarian goods and agricultural or medical 
        products.
            ``(2) Trade and development agency.--No funds available to 
        the Trade and Development Agency may be available for 
        activities of the Agency in or for Belarus.
    ``(e) Multilateral Financial Assistance.--The Secretary of the 
Treasury shall instruct the United States Executive Director of each 
international financial institution to which the United States is a 
member to use the voice and vote of the United States to oppose any 
extension by those institutions of any financial assistance (including 
any technical assistance or grant) of any kind to the Government of 
Belarus, except for loans and assistance that serve humanitarian needs.
    ``(f) Blocking of Assets and Other Prohibited Activities.--
            ``(1) Blocking of assets.--The President shall block all 
        property and interests in property, including all commercial, 
        industrial, or public utility undertakings or entities, that, 
        on or after the date of the enactment of the Belarus Democracy 
        Reauthorization Act of 2006--
                    ``(A) are owned, in whole or in part, by the 
                Government of Belarus, or by any member or family 
                member closely linked to any member of the senior 
                leadership of the Government of Belarus, or any person 
                who through his or her business dealings with senior 
                leadership of the Government of Belarus derives 
                significant financial benefit from policies or actions, 
                including electoral fraud, human rights abuses, or 
                corruption, that undermine or injure democratic 
                institutions or impede the transition to democracy in 
                Belarus; and
                    ``(B) are in the United States, or in the 
                possession or control of the Government of the United 
                States or of any United States financial institution, 
                including any branch or office of such financial 
                institution that is located outside the United States.
            ``(2) Prohibited activities.--Activities prohibited by 
        reason of the blocking of property and interests in property 
        under paragraph (1) shall include--
                    ``(A) payments or transfers of any property, or any 
                transactions involving the transfer of anything of 
                economic value by any United States person, to the 
                Government of Belarus, to any person or entity acting 
                for or on behalf of, or owned or controlled, directly 
                or indirectly, by that government, or to any member of 
                the senior leadership of the Government of Belarus;
                    ``(B) the export or reexport to any entity owned, 
                controlled, or operated by the Government of Belarus, 
                directly or indirectly, of any goods, technology, or 
                services, either--
                            ``(i) by a United States person; or
                            ``(ii) involving the use of any air carrier 
                        (as defined in section 40102 of title 49, 
                        United States Code) or a vessel documented 
                        under the laws of the United States; and
                    ``(C) the performance by any United States person 
                of any contract, including a contract providing a loan 
                or other financing, in support of an industrial, 
                commercial, or public utility operated, controlled, or 
                owned by the Government of Belarus.
            ``(3) Payment of expenses.--All expenses incident to the 
        blocking and maintenance of property blocked under paragraph 
        (1) shall be charged to the owners or operators of such 
        property. Such expenses may not be paid from blocked funds.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to prohibit any contract or other financial 
        transaction with any private or nongovernmental organization or 
        business in Belarus.
            ``(5) Exceptions.--Paragraphs (1) and (2) do not apply to--
                    ``(A) assistance authorized under section 4 or 5 of 
                this Act; or
                    ``(B) medicine, medical equipment or supplies, 
                food, as well as any other form of humanitarian 
                assistance provided to Belarus as relief in response to 
                a humanitarian crisis.
            ``(6) Penalties.--Any person who violates any prohibition 
        or restriction imposed under this subsection shall be subject 
        to the penalties under section 6 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) to the same extent as for 
        a violation under that Act.
            ``(7) Definitions.--In this subsection:
                    ``(A) Air carrier.--The term `air carrier' has the 
                meaning given that term in section 40102 of title 49, 
                United States Code.
                    ``(B) United states person.--The term `United 
                States person' means--
                            ``(i) any United States citizen or alien 
                        admitted for permanent residence to the United 
                        States;
                            ``(ii) any entity organized under the laws 
                        of the United States, and any foreign branch or 
                        subsidiary of such an entity; and
                            ``(iii) any person in the United States.
    ``(g) Waiver.--The President may waive the application of any 
sanction described in subsections (c) through (f) with respect to the 
Republic of Belarus if the President determines and certifies to the 
appropriate congressional committees that it is vital to the national 
interests of the United States to do so.''.
    (b) Effective Date.--The sanctions described in subsections (c) 
through (f) of section 6 of the Belarus Democracy Act of 2004 (22 
U.S.C. 5811 note) (as amended by subsection (a)) shall apply with 
respect to the Republic of Belarus beginning 30 days after the date of 
the enactment of this Act.

SEC. 7. MULTILATERAL COOPERATION.

    Section 7 of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 
note) (as redesignated) is amended--
            (1) by striking ``to coordinate with'' and inserting ``the 
        support of''; and
            (2) by striking ``a comprehensive'' and inserting ``for a 
        comprehensive''.

SEC. 8. DEFINITIONS.

    Section 9(3) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 
note) is amended--
            (1) in subparagraph (A), by inserting ``governors, heads of 
        state enterprises,'' after ``Chairmen of State Committees,''; 
        and
            (2) in subparagraph (B)--
                    (A) by striking ``who is'' and inserting the 
                following: ``who--
                            ``(i) is'';
                    (B) by striking ``and'' at the end and inserting 
                ``or''; and
                    (C) by adding at the end the following new clause:
                            ``(ii) is otherwise engaged in public 
                        corruption in Belarus; and''.
                                 <all>