HR 515
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--
(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';
(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--
(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';
(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
(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'.
END
