[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 735 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 735
To reauthorize the Belarus Democracy Act of 2004.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 6 (legislative day, April 5), 2011
Mr. Kerry introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
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.
Section 2 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 makes the following findings:
``(1) The United States Government supports a prosperous
and democratic Belarus that upholds the rule of law and
respects the fundamental rights of its citizens, including
rights to freedom of assembly, association, and expression.
``(2) The United States Government remains committed to the
sovereignty and independence of the Republic of Belarus and
supports its integration into the Euro-Atlantic community of
nations.
``(3) The Government of Belarus has engaged in a pattern of
clear and systematic abuse of state authority, including
through a series of fraudulent elections that have undermined
the democratic process and deprived the people of Belarus of a
voice in the conduct of public affairs.
``(4) The Government of Belarus has subjected thousands of
political activists, civil society representatives, and
independent journalists to harassment and intimidation,
creating a climate of fear that has weakened the bond of trust
between the people of Belarus and their government.
``(5) On December 19, 2010, the Government of Belarus
conducted flawed and undemocratic presidential elections that
were marred by significant misconduct, including--
``(A) the detention of numerous opposition and
civil society representatives;
``(B) the use of disproportionate force against
pro-democracy political activists, journalists, and
opposition candidates; and
``(C) the disruption of independent broadcast and
Internet media, including Gmail, Hotmail,
Charter97.org, euroradio.by, gazetaby.com, and
zapraudu.info.
``(6) After the December 19, 2010, presidential election,
the Government of Belarus detained or arrested more than 600
political activists, journalists, civil society
representatives, and seven of the nine presidential candidates,
depriving them of their liberty, access to legal counsel, and
communication with their families.
``(7) After the December 19, 2010, presidential election,
security services of the Government of Belarus conducted raids
at the offices and homes of journalists, political activists,
and civil society representatives, including searches and
seizures of equipment at opposition and non-governmental
organizations, effectively curtailing their ability to operate.
``(8) After the December 19, 2010, presidential election,
Belarus officials initiated criminal proceedings against an
estimated 40 defendants, disbarred several opposition defense
lawyers, and closed the Organization for Security and
Cooperation (OSCE) Office in Minsk, violating its commitment as
a participating state of the Organization for Security and
Cooperation.
``(9) On March 17, 2011, the Senate passed unanimously
Senate Resolution 105, condemning the December 19, 2010,
presidential election as `illegitimate, fraudulent, and not
representative of the will or the aspirations of the voters in
Belarus'.''.
SEC. 3. STATEMENT OF POLICY.
Section 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. 3. STATEMENT OF POLICY.
``It is the policy of the United States--
``(1) to continue its support of those in the Republic of
Belarus seeking--
``(A) to promote representative government, human
rights, and the rule of law and to preserve and
strengthen the sovereignty and independence of Belarus;
and
``(B) to promote the integration of Belarus into
the Euro-Atlantic community of nations;
``(2) to commend the democratic opposition in Belarus for
their commitment to fundamental human freedoms, their courage
in the face of authoritarianism and repression, and their
struggle to forge a vibrant civil society, which is the
foundation for the institutions of democratic governance;
``(3) to condemn the conduct of the December 19, 2010,
presidential election in Belarus and violent crackdown on
opposition candidates, political activists, journalists, and
civil society representatives;
``(4) to call on the Government of Belarus to release
immediately all those who have been unjustly detained for
exercising their basic rights;
``(5) to continue to refuse to accept as legitimate the
results of the December 19, 2010, presidential election, and to
support calls for new presidential and parliamentary elections
that are free, fair, and consistent with the obligations of the
Republic of Belarus as a participating state of the
Organization for Security and Cooperation;
``(6) to support the continued application of targeted
European Union and United States sanctions, including both visa
bans and asset freezes, against officials and responsible
associates in Belarus until such time as the Government of
Belarus treats its people with the dignity and respect they
deserve;
``(7) to call upon other members of the international
community, including the Government of the Russian Federation,
to use their influence in Belarus to promote the purposes of
this Act;
``(8) to expand both material and technical assistance to
the people of Belarus and to Belarusian civil society,
including--
``(A) support for strengthening regional
independent media in Belarus;
``(B) support for strengthening online independent
media, to include creating mobile-friendly content and
multimedia content; and
``(C) support for expanding the capacity of non-
government organizations and civil society in Belarus,
with a focus on reaching women and youth;
``(9) to continue to coordinate our actions with the
European Union and other countries and international
organizations to promote the democratic development of the
Republic of Belarus and its integration into the Euro-Atlantic
community of nations; and
``(10) to remain open to reevaluating United States policy
toward Belarus as warranted and provided that all political
prisoners detained arbitrarily as a result of the presidential
elections of December 19, 2010, are released.''.
SEC. 4. 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 (b)--
(A) by striking ``primarily for indigenous'' and
inserting ``for independent, indigenous''; and
(B) by inserting ``and that are capable of
absorbing international assistance'' before the period
at the end;
(2) 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
working within Belarus and from locations outside Belarus;'';
and
(3) in subsection (d)(1), by striking ``such sums as may be
necessary for each of the fiscal years 2007 and 2008'' and
inserting ``such sums as may be necessary for each of fiscal
years 2012 through 2014''.
SEC. 5. 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 Free Europe/Radio Liberty and Voice of America
broadcasting to the people of Belarus to ensure access to objective and
timely information about domestic and global public affairs.''.
SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
Section 6(b) of the Belarus Democracy Act of 2004 (Public Law 109-
480; 22 U.S.C. 5811 note) is amended--
(1) in paragraph (1), by inserting ``or expression,
including those individuals jailed based on political beliefs
or expression in connection with the presidential election of
December 19, 2010'' before the period at the end;
(2) in paragraph (2), by inserting ``, including
politically motivated legal charges made in connection with the
presidential election of December 19, 2010'' before the period
at the end; and
(3) in paragraph (5), by inserting ``and abridgements of
fundamental freedoms, including abridgements of fundamental
freedoms committed in connection with the presidential election
of December 19, 2010'' before the period at the end.
SEC. 7. REPORT.
Section 8(a) of the Belarus Democracy Act of 2004 (Public Law 109-
480; 22 U.S.C. 5811 note) is amended in the matter preceding paragraph
(1)--
(1) by striking ``this Act'' and inserting ``the Belarus
Democracy Reauthorization Act of 2011''; and
(2) by inserting ``and the Commission on Security and
Cooperation in Europe'' after ``appropriate congressional
committees''.
SEC. 8. 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)(C), by striking ``Lukashenka regime''
and inserting ``Government of Belarus''.
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