[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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