[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 515 Enrolled Bill (ENR)]
H.R.515
One Hundred Twelfth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
An Act
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 and Human Rights
Act of 2011''.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
Sections 2 and 3 of the Belarus Democracy Act of 2004 (Public Law
109-480; 22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 2. FINDINGS.
``Congress finds the following:
``(1) The Government of Belarus has engaged in a pattern of
clear and uncorrected violations of human rights and fundamental
freedoms.
``(2) The Government of Belarus has engaged in a pattern of
clear 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 Government of Belarus has subjected thousands of pro-
democratic political activists to harassment, beatings, and
jailings, particularly as a result of their attempts to peacefully
exercise their right to freedom of assembly and association.
``(4) The Government of Belarus has attempted to maintain a
monopoly over the country's information space, targeting
independent media, including independent journalists, for
systematic reprisals and elimination, while suppressing the right
to freedom of speech and expression of those dissenting from the
dictatorship of Aleksandr Lukashenka, and adopted laws restricting
the media, including the Internet, in a manner inconsistent with
international human rights agreements.
``(5) The Government of Belarus continues a systematic campaign
of harassment, repression, and closure of nongovernmental
organizations, including independent trade unions and
entrepreneurs, and this crackdown has created a climate of fear
that inhibits the development of civil society and social
solidarity.
``(6) The Government of Belarus has subjected leaders and
members of select ethnic and religious minorities to harassment,
including the imposition of heavy fines and denying permission to
meet for religious services, sometimes by selective enforcement of
the 2002 Belarus religion law.
``(7) The Government of Belarus has attempted to silence
dissent by persecuting human rights and pro-democracy activists
with threats, firings, expulsions, beatings and other forms of
intimidation, and restrictions on freedom of movement and
prohibition of international travel.
``(8) The dictator of Belarus, Aleksandr Lukashenka,
established himself in power by orchestrating an illegal and
unconstitutional referendum that enabled him to impose a new
constitution, abolishing the duly elected parliament, the 13th
Supreme Soviet, installing a largely powerless National Assembly,
extending his term in office, and removing applicable term limits.
``(9) The Government of Belarus has failed to make a convincing
effort to solve the cases of disappeared opposition figures Yuri
Zakharenka, Viktor Gonchar, and Anatoly Krasovsky and journalist
Dmitry Zavadsky, even though credible allegations and evidence
links top officials of the Government to these disappearance.
``(10) The Government of Belarus has restricted freedom of
expression on the Internet by requiring Internet Service Providers
to maintain data on Internet users and the sites they view and to
provide such data to officials upon request, and by creating a
government body with the authority to require Internet Service
Providers to block Web sites.
``(11) On December 19, 2010, the Government of Belarus
conducted a presidential election that failed to meet the standards
of the Organization for Security and Cooperation in Europe (OSCE)
for democratic elections.
``(12) After the December 19, 2010, presidential election the
Government of Belarus responded to opposition protests by beating
scores of protestors and detaining more than 600 peaceful
protestors.
``(13) After the December 19, 2010, presidential election the
Government of Belarus jailed seven of the nine opposition
presidential candidates and abused the process of criminal
prosecution to persecute them.
``(14) After the December 19, 2010, presidential election, the
Government of Belarus disrupted independent broadcast and Internet
media, and engaged in repressive actions against independent
journalists.
``(15) After the December 19, 2010, presidential election,
Belarusian security services and police conducted raids targeting
civil society groups, individual pro-democracy activists, and
independent media.
``(16) After the December 19, 2010, presidential election,
Belarusian officials refused to extend the mandate of the OSCE
Office in Minsk.
``(17) After the December 19, 2010, presidential election,
opposition candidates and activists have been persecuted and
detainees have been physically mistreated, and denied access to
family, defense counsel, medical treatment, and open legal
proceedings.
``(18) After the December 19, 2010, presidential election,
lawyers representing those facing criminal charges related to the
post-election protest have been subjected to the revocation of
licenses, disbarment, and other forms of pressure.
``(19) After the December 19, 2010, presidential election, the
Government of Belarus has convicted political detainees to harsh
prison sentences.
``(20) After the December 19, 2010, presidential election, the
United States expanded its visa ban list, imposed additional
financial sanctions on certain state-owned enterprises, and
initiated preparations to freeze the assets of several individuals
in Belarus. The European Union imposed targeted travel and
financial sanctions on an expanded list of officials of the
Government of Belarus.
``(21) After the December 19, 2010, presidential election, the
United States fully restored sanctions against Belarus's largest
state-owned petroleum and chemical conglomerate and all of its
subsidiaries.
``(22) After the December 19, 2010, presidential election, the
United States has engaged in assistance efforts to provide legal
and humanitarian assistance to those facing repression and
preserving access to independent information, and has pledged
resources to support human rights advocates, trade unions, youth
and environmental groups, business associations, think-tanks,
democratic political parties and movements, independent
journalists, newspapers and electronic media operating both inside
Belarus and broadcasting from its neighbors, and to support access
of Belarusian students to independent higher education and expand
exchange programs for business and civil society leaders.
``(23) The Department of State, the Department of the Treasury,
and other executive branch agencies have heretofore made effective
use of this Act to promote the purposes of this Act, as stated in
section 3 of this Act.
``SEC. 3. STATEMENT OF POLICY.
``It is the policy of the United States to--
``(1) condemn the conduct of the December 19, 2010,
presidential election and crackdown on opposition candidates,
political leaders, and activists, civil society representatives,
and journalists;
``(2) continue to call for the immediate release without
preconditions of all political prisoners in Belarus, including all
those individuals detained in connection with the December 19,
2010, presidential election;
``(3) continue to support the aspirations of the people of
Belarus for democracy, human rights, and the rule of law;
``(4) continue to support the aspirations of the people of
Belarus to preserve the independence and sovereignty of their
country;
``(5) continue to support the growth of democratic movements
and institutions in Belarus, which empower the people of Belarus to
end tyranny in their country;
``(6) continue to refuse to accept the results of the
fundamentally flawed December 19, 2010, presidential election held
in Belarus, and to support calls for new presidential and
parliamentary elections, conducted in a manner that is free and
fair according to OSCE standards;
``(7) continue to call for the fulfillment by the Belarusian
government of Belarus's freely undertaken obligations as an OSCE
participating state;
``(8) continue to call for 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 the disappearance of those opposition
leaders and journalists;
``(9) continue to work closely with the European Union and
other countries and international organizations, to promote the
conditions necessary for the integration of Belarus into the
European family of democracies;
``(10) call on the International Ice Hockey Federation to
suspend its plan to hold the 2014 International World Ice Hockey
championship in Minsk until the Government of Belarus releases all
political prisoners; and
``(11) remain open to reevaluating United States policy toward
Belarus as warranted by demonstrable progress made by the
Government of Belarus consistent with the aims of this Act as
stated in this section.''.
SEC. 3. RADIO AND TELEVISION BROADCASTING TO BELARUS.
Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 5. RADIO, TELEVISION, AND INTERNET BROADCASTING TO BELARUS.
``It is the sense of Congress that the President should support
radio, television, and Internet broadcasting to the people of Belarus
in languages spoken in Belarus, by Radio Free Europe/Radio Liberty, the
Voice of America, European Radio for Belarus, and Belsat.''.
SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
Section 6 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``or expression,
including those individuals jailed based on political beliefs
or expression in connection with repression that attended the
presidential election of December 19, 2010'' before the period
at the end;
(B) in paragraph (2), by inserting ``, including
politically motivated legal charges made in connection with
repression that attended the presidential election of December
19, 2010'' before the period at the end;
(C) in paragraph (5), by inserting ``and violations of
human rights, including violations of human rights committed in
connection with the presidential election of December 19,
2010'' before the period at the end; and
(D) in paragraph (7), by striking ``internationally
recognized observers'' and inserting ``OSCE observers'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(ii) by striking ``or'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) is a member of any branch of the security or law
enforcement services of Belarus and has participated in the violent
crackdown on opposition leaders, journalists, and peaceful
protestors that occurred in connection with the presidential
election of December 19, 2010; or
``(5) is a member of any branch of the security or law
enforcement services of Belarus and has participated in the
persecution or harassment of religious groups, human rights
defenders, democratic opposition groups, or independent media or
journalists.'';
(3) in subsection (e), by striking ``of each international
financial institution to which'' and inserting ``at each
international financial institution of which''; and
(4) in subsection (f)(2)(B)(ii), by striking ``(as defined in
section 40102 of title 49, United States Code)''.
SEC. 5. REPORT.
Section 8(a) of the Belarus Democracy Act of 2004 (Public Law 109-
480; 22 U.S.C. 5811 note) is amended--
(1) in the matter preceding paragraph (1), by striking ``this
Act'' and inserting ``the Belarus Democracy and Human Rights Act of
2011'';
(2) in paragraph (1), by striking ``sale or delivery of weapons
or weapons-related technologies'' and inserting ``sale or delivery
or provision of weapons or weapons-related technologies or weapons-
related training'';
(3) in paragraph (2), by striking ``involved in the sale'' and
inserting ``or weapons-related training involved in the sale or
delivery or provision'';
(4) in paragraph (3), by inserting ``or weapons-related
training described in paragraph (1)'' before the period at the end;
and
(5) by adding at the end the following new paragraph:
``(5) The cooperation of the Government of Belarus with any
foreign government or organization for purposes related to the
censorship or surveillance of the Internet, or the purchase or
receipt by the Government of Belarus of any technology or training
from any foreign government or organization for purposes related to
the censorship or surveillance of the Internet.''.
SEC. 6. DEFINITIONS.
Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) in paragraph (1), by striking ``Committee on International
Relations'' and inserting ``Committee on Foreign Affairs''; and
(2) in paragraph (3)--
(A) in subparagraph (B)(i), by striking ``and prosecutors''
and inserting ``, prosecutors, and heads of professional
associations and educational institutions''; and
(B) in subparagraph (C), by striking ``Lukashenka regime''
and inserting ``Government of Belarus''.
SEC. 7. FUNDING FOR REPORT.
The requirement to prepare and transmit the report required under
section 8 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22
U.S.C. 5811 note), as amended by section 5 of this Act, shall be
performed within current levels of authorized and appropriated funding.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.