Central Asia Democracy and Human Rights Promotion Act of 2006 - Authorizes the President to provide assistance for the countries of Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan) to support democracy, human rights, and the rule of law.
Authorizes additional FY2007-FY2008 appropriations for Voice of America and RFE/RL, Incorporated to expand radio broadcasting in languages spoken in Central Asia.
Conditions assistance for foreign operations, export financing, and related programs to a Central Asian government upon certification by the Secretary of State to the appropriate congressional committees that such government meets specified requirements respecting: (1) democratization; (2) freedoms of speech and the press; (3) freedom of religion; (4) prevention of torture; and (5) rule of law.
Authorizes: (1) a national security waiver; and (2) withheld amounts to be used for democracy assistance.
Conditions assistance for foreign operations, export financing, and related programs to the government of Uzbekistan upon certification by the Secretary to the appropriate congressional committees that: (1) the government of Uzbekistan is making substantial progress in meeting its commitments under the Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America; and (2) a credible international investigation of the May 2005 shootings in Andijan is underway with the support of the government of Uzbekistan.
Directs the Secretary to: (1) identify Uzbek officials, family members, and associates implicated in the Andijan massacre, or involved in other human rights violations in Uzbekistan; and (2) notify the Secretary of the Treasury, Attorney General, and the appropriate congressional committees of such identification.
Provides for: (1) freezing of assets and visa bans for such individuals; and (2) export prohibition of United States Munitions List items to Uzbekistan.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5382 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5382
To promote the development of democratic institutions and full respect
for human rights in the countries of Central Asia.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2006
Mr. Smith of New Jersey (for himself, Mr. McIntyre, Mr. McCotter, Mr.
Lantos, Mr. Pitts, Mr. Burton of Indiana, and Mrs. Jo Ann Davis of
Virginia) introduced the following bill; which was referred to the
Committee on International Relations, and in addition to the Committee
on the Judiciary, 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 promote the development of democratic institutions and full respect
for human rights in the countries of Central Asia.
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 ``Central Asia Democracy and Human
Rights Promotion Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Fifteen years after independence, the five countries of
Central Asia--Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan,
and Uzbekistan--are struggling, to varying degrees, with their
transition from authoritarian rule to democratic societies that
fully respect human rights and uphold their freely undertaken
commitments as participating States in the Organization for
Security and Cooperation in Europe (OSCE).
(2) As OSCE participating States, the countries of Central
Asia committed themselves in the Charter of Paris for a New
Europe to ``build, consolidate and strengthen democracy as the
only system of government of our nations''.
(3) In the Global War on Terrorism, the United States is
increasingly engaged with the countries of Central Asia on a
political, economic, and military basis.
(4) In the Global War on Terrorism, policies that bolster
authoritarian governments which suppress and terrorize their
own people will ultimately be self defeating, as repression
often breeds extremism and terrorism.
(5) The Final Report of the National Commission on
Terrorist Attacks Upon the United States (commonly referred to
as the ``9/11 Commission'') recommended: ``[T]he United States
must stand for a better future. One of the lessons of the long
Cold War was that short-term gains in cooperating with the most
repressive and brutal governments were too often outweighed by
long-term setbacks for America's stature and interests.''.
(6) The September 2004 Final Report of the Defense Science
Board Task Force on Strategic Communication stated: ``The
perception of intimate U.S. support of tyrannies in the Muslim
World is perhaps the critical vulnerability in American
strategy. It strongly undercuts our message, while strongly
promoting that of the enemy.''.
(7) In a speech to the United Nations General Assembly on
September 21, 2004, President George W. Bush stated: ``People
everywhere are capable of freedom, and worthy of freedom . . .
For too long, many nations, including my own, tolerated, even
excused, oppression in the Middle East in the name of
stability. Oppression became common, but stability never
arrived. We must take a different approach.''.
(8) In his second inaugural address on January 20, 2005,
President George W. Bush stated: ``For as long as whole regions
of the world simmer in resentment and tyranny--prone to
ideologies that feed hatred and excuse murder--violence will
gather, and multiply in destructive power, and cross the most
defended borders, and raise a mortal threat.''. In this
address, President Bush further declared: ``It is the policy of
the United States to seek and support the growth of democratic
movements and institutions in every nation and culture, with
the ultimate goal of ending tyranny in our world.''.
(9) The October 2005 National Intelligence Strategy of the
United States of America, issued by the Director of National
Intelligence, stated: ``We have learned at our peril that the
lack of freedom in one state endangers the peace and freedom of
others. . . . Self-sustaining democratic states are essential
to world peace and development.''.
(10) The March 2006 National Security Strategy of the
United States of America states: ``The United States must
defend liberty and justice because these principles are right
and true for all people everywhere.''.
(11) The National Security Strategy of the United States of
America further elaborates: ``These nonnegotiable demands of
human dignity are protected most securely in democracies. The
United States Government will work to advance human dignity in
word and deed, speaking out for freedom and against violations
of human rights and allocating appropriate resources to advance
these ideals.''.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of Congress that--
(1) the United States should support those governments and
individuals making substantial and sustained progress to
establish democracy, guarantee the rule of law, and protect
human rights;
(2) the United States should use every peaceful means at
its disposal to encourage the countries of Central Asia to
provide greater respect for democracy, the rule of law, and
human rights, thereby promoting the long-term stability and
security of the Central Asian region, and ensure that all
assistance programs for the Central Asian region support and
communicate this goal; and
(3) the United States should seek and support the growth of
democratic movements and institutions in every nation and
culture, with the ultimate goal of ending tyranny in our world.
SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY, RULE OF LAW, AND HUMAN RIGHTS
IN THE COUNTRIES OF CENTRAL ASIA.
(a) Purposes of Assistance.--The purposes of assistance under this
section include--
(1) to encourage free and fair presidential, parliamentary,
and local elections in the countries of Central Asia, conducted
in a manner consistent with Organization for Security and
Cooperation in Europe (OSCE) and internationally accepted
standards;
(2) to ensure in the countries of Central Asia the full
respect for all human rights, including freedom of expression
and the media, freedom of religion and association, prevention
of torture, and the end of human trafficking from, to, and
through the Central Asian region, conducted in a manner
consistent with OSCE and internationally accepted standards;
and
(3) to develop rule of law, in particular independent
judicial systems and professional law enforcement, and to
combat corruption, conducted in a manner consistent with OSCE
and internationally accepted standards.
(b) Authorization for Assistance.--
(1) In general.--To carry out the purposes of subsection
(a), the President is authorized to provide assistance for the
countries of Central Asia to support the activities described
in subsection (c).
(2) Limitation.--The authority to provide assistance for
the countries of Central Asia under paragraph (1) shall be
subject to all applicable limitations on assistance for such
countries and other requirements relating to assistance for
such countries under any Act making appropriations for foreign
operations, export financing, and related programs.
(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) include--
(1) observing elections and promoting free and fair
electoral processes;
(2) encouraging the development of sustainable civic
structures representative of society, such as environmental
groups, independent labor unions, democratic political parties,
and other community-based organizations;
(3) maintaining libraries in the languages of Central Asia
to explain democracy in the United States;
(4) developing independent media to work in the countries
of Central Asia, supported by nonstate-controlled printing
facilities;
(5) independent radio and television broadcasting to and
within the countries of Central Asia;
(6) encouraging the liberalization of laws affecting
religious practice and their enforcement to promote greater
freedoms for individuals to meet alone or in community with
others, to move freely, and in the sharing of beliefs;
(7) educating law enforcement officials with respect to the
existence and enforcement of legal prohibitions concerning
torture;
(8) prosecuting human traffickers, as well as providing
increased police training and education efforts, including on
forced labor;
(9) training and assistance for judicial reform and
development;
(10) training in democratic governance and human rights for
nationals and exiles of the countries of Central Asia who are
unable to live in their own country due to fear of persecution;
(11) training in effective human rights and humanitarian
law as a part of non-lethal training programs for units of the
security forces of the countries of Central Asia (other than
any unit of the security forces of such countries with respect
to which the Secretary of State has credible evidence that such
unit has committed gross violations of human rights);
(12) establishing programs to combat corruption and support
good governance; and
(13) other activities consistent with the purposes of this
section.
(d) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
President shall transmit to the appropriate congressional
committees a report on assistance provided for the countries of
Central Asia under this section for the one-year period ending
30 days prior to the transmission of the report.
(2) Contents.--The report shall include with respect to
each country of Central Asia a detailed description of each of
the following:
(A) The types and amount of assistance provided
under this section, including the types and amount of
defense articles and defense services and the amount of
financial assistance. In addition, the name of each
department or agency of the Government of the United
States that provides assistance under this section and
the name of each recipient of such assistance.
(B) The use of such assistance, including the use
of defense articles, defense services, and financial
assistance, by units of the armed forces, border
guards, or other security forces of the country.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President to carry out this section $118,200,000 for each
of the fiscal years 2007 and 2008.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 5. RADIO BROADCASTING TO THE COUNTRIES OF CENTRAL ASIA.
(a) Purpose.--The purpose of this section is to authorize increased
support for surrogate radio broadcasting to the countries of Central
Asia that will facilitate the unhindered dissemination of information
in the Central Asian region regarding the activities supported by this
Act.
(b) Authorization of Appropriations.--In addition to such sums as
are otherwise authorized to be appropriated, there are authorized to be
appropriated $15,000,000 for each of the fiscal years 2007 and 2008 for
Voice of America and RFE/RL, Incorporated for expanded radio
broadcasting to the people of the countries of Central Asia in
languages spoken in Central Asia, including broadcasting in the Russian
language, and the establishment of Internet websites.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on how funds are
appropriated and allocated pursuant to the authorizations of
appropriations under subsection (b) and section 4(e) will be used to
provide shortwave, AM, and FM broadcasting that covers the Central
Asian region and delivers independent and uncensored programming.
SEC. 6. LIMITATION ON UNITED STATES ASSISTANCE TO THE GOVERNMENTS OF
COUNTRIES OF CENTRAL ASIA.
(a) Limitation.--
(1) In general.--Amounts made available by an Act making
appropriations for foreign operations, export financing, and
related programs for a fiscal year may be provided to the
government of a country of Central Asia only if the Secretary
of State certifies to the appropriate congressional committees
that the government of the country has made significant
improvements in the protection of human rights during the
preceding one-year period, including in the areas of
democratization, speech and press freedoms, freedom of
religion, efforts to combat torture, and the rule of law.
(2) Additional limitation.--The limitation on assistance
for the government of a country of Central Asia under paragraph
(1) is in addition to any other applicable limitation on
assistance for such government and any other requirement
relating to assistance for such government under any Act making
appropriations for foreign operations, export financing, and
related programs.
(b) Waiver.--The Secretary of State may waive the application of
subsection (a) with respect to the government of a country of Central
Asia if the Secretary determines and reports to the appropriate
congressional committees that such a waiver is important to the
national security of the United States and includes the reasons for the
determination.
(c) Use of Withheld Assistance.--Any amounts withheld from
obligation and expenditure for assistance to the government of a
country of Central Asia by reason of the application of subsection (a)
for a fiscal year are authorized to be made available for assistance
for training relating to democratic governance and human rights for
domestic civil society groups or nationals or exiles of the Central
Asian country who are unable to live in their own country due to fear
of persecution.
(d) Effective Date.--The requirements of this section apply with
respect to funds appropriated for assistance for the governments of the
countries of Central Asia for fiscal years 2007 and 2008.
SEC. 7. SANCTIONS AGAINST UZBEKISTAN.
(a) Limitation on Assistance.--Amounts made available by an Act
making appropriations for foreign operations, export financing, and
related programs for a fiscal year may be provided to the central
Government of Uzbekistan only if the Secretary of State determines and
reports to the appropriate congressional committees that--
(1) the Government of Uzbekistan is making substantial and
continuing progress in meeting its commitments under the
`Declaration on the Strategic Partnership and Cooperation
Framework Between the Republic of Uzbekistan and the United
States of America', including respect for human rights,
establishing a genuine multi-party system, and ensuring free
and fair elections, freedom of expression, and the independence
of the media; and
(2) a credible international investigation of the May 13,
2005, shootings in Andijan is underway with the support of the
Government of Uzbekistan.
(b) Identification of Individuals to Be Subject to Restrictions.--
The Secretary of State shall--
(1) identify Uzbek officials, their immediate family
members, and any associates of those so named, implicated in
the Andijan massacre, involved through the chain of command in
such abuses, or involved in other gross violations of human
rights committed in Uzbekistan; and
(2) notify the Secretary of the Treasury, Attorney General,
and the appropriate congressional committees of such
identification.
(c) Freezing of Assets.--
(1) In general.--The Secretary of the Treasury shall
immediately block any assets, property, transactions in foreign
exchange, currency, or securities, and transfers of credit or
payments between, by, through, or to any banking institution
under the jurisdiction of the United States of an individual
identified under subsection (b) of this section.
(2) Reporting requirement.--Not later than 14 days after a
decision to freeze the assets identified in this subsection of
any individual identified under subsection (b), the Secretary
of the Treasury shall--
(A) report the name of such individual to the
appropriate congressional committees; and
(B) require any United States financial institution
holding such funds or assets shall promptly report
those funds and assets to the Office of Foreign Assets
Control.
(d) Visa Ban.--The Secretary of State may not issue any visa to,
and the Attorney General may not admit to the United States, any
individual identified under subsection (b) of this section.
(e) Waiver.--The Secretary of the Treasury may waive the
prohibition in subsection (c) and the Secretary of State may waive the
prohibition in subsection (d) if the Secretary concerned determines and
certifies to the appropriate congressional committees that it is
important to the national security of the United States to do so.
(f) Munitions Export Licenses.--The Secretary of State shall
prohibit the export to Uzbekistan of any item, including the issuance
of a license for the export of any item, on the United States Munitions
List. The Secretary of Commerce shall prohibit the export to Uzbekistan
of any item on the Commerce Control List of dual-use items in the
Export Administration Regulations.
(g) Report Regarding United States Policy Toward Uzbekistan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report regarding
United States policy toward Uzbekistan.
(2) Contents.--The report required by paragraph (1) shall
include a detailed description of each of the following:
(A) The objectives of United States policy toward
Uzbekistan with respect to democratization, human
rights, economic reforms, regional security, and the
war on terrorism.
(B) The strategy of the Government of the United
States for achieving the objectives described under
subparagraph (A).
(C) The steps taken by the Government of the United
States to advance the strategy described under
subparagraph (B) since the massacre in Andijan and the
decision of the Government of Uzbekistan to expel
United States military forces from Uzbekistan.
(3) Form.--The report required by paragraph (1) shall be in
unclassified form but may contain a classified annex.
(h) Effective Date.--The requirements of--
(1) subsection (a) apply with respect to funds appropriated
for assistance for the Government of Uzbekistan for fiscal
years 2007 and 2008; and
(2) subsections (b) through (f) apply during fiscal years
2007 and 2008.
SEC. 8. REPORT.
Prior to the initial obligation of assistance for the government of
a country of Central Asia for a fiscal year, the Secretary of State
shall submit to the appropriate congressional committees a report
describing--
(1) whether the government is forcibly returning Uzbeks or
other refugees who have fled violence and political
persecution, in violation of the 1951 Geneva Convention
Relating to the Status of Refugees and the Convention Against
Torture and Other Forms of Cruel, Inhuman, or Degrading
Treatment;
(2) efforts made by the United States to prevent such
returns; and
(3) the response of the government to those situations.
SEC. 9. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations and the
Committee on International Relations of the House of
Representatives; and
(B) the Committee on Appropriations and the
Committee on Foreign Relations of the Senate.
(2) Countries of central asia.--The term ``countries of
Central Asia'' means Kazakhstan, Kyrgyzstan, Tajikistan,
Turkmenistan, and Uzbekistan.
<all>
Introduced in House
Introduced in House
Referred to the Committee on International Relations, and in addition to the Committee on the Judiciary, 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.
Referred to the Committee on International Relations, and in addition to the Committee on the Judiciary, 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.
Referred to the Committee on International Relations, and in addition to the Committee on the Judiciary, 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.
Referred to the Subcommittee on Africa, Global Human Rights and International Operations.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
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