[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 515 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 515

           To reauthorize the Belarus Democracy Act of 2004.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2011

Mr. Smith of New Jersey (for himself, Mr. Wolf, Mr. Burton of Indiana, 
and Mr. Rohrabacher) introduced the following bill; which was referred 
to the Committee on Foreign Affairs, 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 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.
            ``(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 an unknown number 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) 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, with the ultimate goal 
        of ending tyranny in that 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; and
            ``(10) 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. ridi''.

SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS.

    Section 4 of the Belarus Democracy Act of 2004 (Public Law 109-480; 
22 U.S.C. 5811 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``community'' and 
                inserting ``family''; and
                    (B) in paragraph (2), by striking ``internationally 
                accepted standards and under the supervision of 
                internationally recognized observers'' and inserting 
                ``OSCE standards and monitored by OSCE observers'';
            (2) in subsection (b), by striking ``primarily for 
        indigenous'' and inserting ``for independent, indigenous'';
            (3) in subsection (c)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) facilitating the development of independent, 
        indigenous print, radio, television, and Internet broadcasting, 
        whether working within Belarus or from locations outside the 
        country;''; and
                    (B) by redesignating paragraphs (3) through (8) as 
                paragraphs (2) through (7), respectively; and
            (4) in subsection (d)(1), by striking ``such sums as may be 
        necessary for each of the fiscal years 2007 and 2008'' and 
        inserting ``an amount not to exceed the amount appropriated for 
        fiscal year 2008 for each of fiscal years 2012 through 2014''.

SEC. 4. 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 continue to 
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. 5. 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. 6. 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)--
                    (A) by striking ``this Act'' and inserting ``the 
                Belarus Democracy Reauthorization Act of 2011''; and
                    (B) by inserting ``and the Commission on Security 
                and Cooperation in Europe'' after ``appropriate 
                congressional committees'';
            (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. 7. 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''.
                                 <all>