[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5948 Enrolled Bill (ENR)]


        H.R.5948

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 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 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 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 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 Aleksandr Kozulin, Tsimafei 
    Dranchuk, Mikalay Astreyka, Artur Finkevich, Mikalay Razumau, 
    Katsyaryna Sadouskaya, Zmitser Dashkevich, 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) by inserting after section 2 the following new section:
    ``SEC. 3. STATEMENT OF POLICY.
    ``It is the policy of the United States--
        ``(1) to call upon the immediate release without preconditions 
    of all political prisoners in Belarus;
        ``(2) to support the aspirations of the people of the Republic 
    of Belarus for democracy, human rights, and the rule of law;
        ``(3) to support the aspirations of the people of the Republic 
    of Belarus to preserve the independence and sovereignty of their 
    country;
        ``(4) to seek and support the growth of democratic movements 
    and institutions in Belarus, with the ultimate goal of ending 
    tyranny in that country;
        ``(5) 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;
        ``(6) to refuse to recognize any possible referendum, or the 
    results of any referendum, that would affect the sovereignty of 
    Belarus; and
        ``(7) 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) Amendment.--Section 4(d)(1) of the Belarus Democracy Act of 
    2004 (22 U.S.C. 5811 note) (as redesignated) is amended by striking 
    ``2005 and 2006'' and inserting ``2007 and 2008''.
        (2) Rule of construction.--The amendment 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.--Section 5(b) 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''.
    (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.
    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) should 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 President may 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 an immediate family member of 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.--It is the sense of 
    Congress that no loan, credit guarantee, insurance, financing, or 
    other similar financial assistance should 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.--It is the sense of 
    Congress that no funds available to the Trade and Development 
    Agency should be available for activities of the Agency in or for 
    Belarus.
    ``(e) Multilateral Financial Assistance.--The Secretary of the 
Treasury should 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.--It is the sense of Congress that the 
    President should 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) should 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) 
    should 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 should 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
                ``(iii) any person in the United States.''.
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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.