[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.