text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Uzbekistan Freedom Promotion Act of 
  2005''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) The Department of State's 2004 Country Reports on Human 
          Rights Practices for Uzbekistan states the following:
                      (A) ``Uzbekistan is an authoritarian state with 
                  limited civil rights . . . President Islam Karimov and 
                  the centralized executive branch that serves him 
                  dominated political life and exercised nearly complete 
                  control over the other branches . . . The Government is 
                  highly centralized and is ruled by President Karimov 
                  and the executive branch through sweeping decree 
                  powers, primary authority for drafting legislation, and 
                  control of government appointments, most of the 
                  economy, and the security forces.''.
                      (B) ``On December 26, [2004,] elections were held 
                  for seats in the lower chamber of the Supreme Assembly 
                  (Oliy Majlis) that fell significantly short of 
                  international standards for democratic elections . . . 
                  Citizens could not exercise the right to change their 
                  government peacefully . . . The law makes it extremely 
                  difficult for opposition parties to organize, nominate 
                  candidates, and campaign.''.
                      (C) ``Police and, to a lesser extent, NSS [National 
                  Security Service] forces tortured, beat, and harassed 
                  persons . . . Members of the security forces 
                  responsible for documented abuses were rarely punished 
                  . . . Police, prison officials, and the NSS allegedly 
                  used suffocation, electric shock, rape, and other 
                  sexual abuse; however, beating was the most commonly 
                  reported method of torture.''.
                      (D) ``The number of persons in prison for political 
                  or religious reasons--primarily persons the Government 
                  believed were associated with extremist Islamist 
                  political groups, but also members of the secular 
                  opposition and human rights activists--was estimated to 
                  be between 5,000 and 5,500.''.
                      (E) ``The Government severely restricted freedom of 
                  speech and the press, and an atmosphere of repression 
                  stifled public criticism of the Government.''.
                      (F) ``The Government continued to deny registration 
                  to several independent domestic human rights groups and 
                  increased pressure on unregistered groups . . . The 
                  Government denied the registration applications of two 
                  opposition political parties. The Government harassed 
                  and abused members of domestic human rights groups.''.
                      (G) ``The Government restricted freedom of religion 
                  and harassed individuals suspected of belonging to 
                  extremist groups; several hundred were arrested. The 
                  Government limited the activities of minority 
                  religions.''.
                      (H) ``The public generally did not have access to 
                  Government information, and information normally 
                  considered in the public domain, such as prosecutions 
                  for corruption or official malfeasance, were seldom 
                  reported.''.
              (2) On May 13, 2005, security forces of the Government of 
          Uzbekistan conducted a brutal and indiscriminate assault on 
          thousands of demonstrators and onlookers in the city of 
          Andijan, which resulted in hundreds of deaths and many more 
          injuries.
              (3) The Office for Democratic Institutions and Human Rights 
          of the Organization for Security and Cooperation in Europe 
          (OSCE) stated in its ``Preliminary Findings on the Events in 
          Andijan, Uzbekistan, 13 May 2005'' that many of the protestors 
          ``spoke about social and economic problems (lack of 
          transparency, corruption in the government, unfair trials, 
          abuse by police, unemployment, taxation, etc) . . . this also 
          attracted others to the square''.
              (4) The Government of Uzbekistan has imprisoned dozens of 
          individuals who participated in peaceful demonstrations and 
          continues to engage in widespread arrests in the aftermath of 
          the May 13, 2005, assault.
              (5) The Government of Uzbekistan has consistently denied 
          that a massacre in Andijan took place, expelled local and 
          foreign journalists from the region, and has refused to open 
          the area to a full and independent investigation into the 
          violence.
              (6) Following the massacre in Andijan, hundreds of Uzbek 
          citizens fled to neighboring Kyrgyzstan, which faces pressure 
          from the Uzbek Government to quickly return them, despite well-
          grounded concerns that they may be arrested and tortured upon 
          their return, and where, although protected as refugees under 
          international law, they have been targeted by Uzbek authorities 
          for illegal repatriation and face continued threat from Uzbek 
          security services operating in southern Kyrgyzstan.
              (7) In June 2005, the United States, the European Union 
          (EU), the North Atlantic Treaty Organization (NATO), the United 
          Nations High Commissioner for Human Rights, and the 
          Organization for Security and Cooperation in Europe called for 
          a credible independent international inquiry into the recent 
          violence in Andijan and urged the Government of Uzbekistan to 
          prosecute those responsible for civilian deaths.
              (8) A July 12, 2005, report by the United Nations High 
          Commissioner for Human Rights states that ``consistent, 
          credible eyewitness testimony strongly suggests that grave 
          human rights violations, mostly of the right to life, were 
          committed by Uzbek military and security forces . . . It is not 
          excluded--judging from the accounts of the eyewitnesses 
          interviewed--that the incidents amounted to a mass killing . . 
          .'' in Andijan and reiterates a call for an independent 
          international probe.
              (9) In July 2004, after a Department of State review of 
          democratization in Uzbekistan, former Secretary of State Colin 
          Powell determined that the Government of Uzbekistan was not 
          fulfilling the terms of a 2002 Strategic Partnership Framework 
          agreement that mandated ``substantial and continuing progress'' 
          on democratization, and accordingly, he did not certify 
          Uzbekistan as eligible to receive certain United States 
          assistance.
              (10) By continuing to suppress human rights and to deny 
          citizens peaceful, democratic means of expressing their 
          convictions, the Government of Uzbekistan risks fueling popular 
          support for violent and extremist movements.
              (11) President George W. Bush, in his second Inaugural 
          Address, stated that the United States ``will persistently 
          clarify the choice before every ruler and every nation: The 
          moral choice between oppression, which is always wrong, and 
          freedom, which is eternally right. America will not pretend 
          that jailed dissidents prefer their chains, or that women 
          welcome humiliation and servitude, or that any human being 
          aspires to live at the mercy of bullies. We will encourage 
          reform in other governments by making clear that success in our 
          relations will require the decent treatment of their own 
          people.''.
              (12) Congress has repeatedly expressed its desire to see 
          deeper reform in Uzbekistan and has conditioned certain United 
          States assistance to the Government of Uzbekistan on its 
          progress in meeting human rights and democracy commitments made 
          to the United States.
              (13) After expressions of concern by representatives of the 
          Administration and Congress about the massacre at Andijan, the 
          Government of Uzbekistan has restricted the use of the airbase 
          at Karshi-Khanabad by United States military forces.
              (14) On July 5, 2005, the Government of Uzbekistan joined 
          the Governments of the Russian Federation, the People's 
          Republic of China, Kyrgyzstan, Kazakhstan, and Tajikistan in 
          calling on countries involved in Coalition operations in 
          Afghanistan to set a deadline for ending their use of airfields 
          and other military presence in Central Asia.
              (15) On July 7, 2005, the Government of Uzbekistan 
          indicated that it was reconsidering the use by the United 
          States of the Karshi-Khanabad airbase.
  
  SEC. 3. SENSE OF CONGRESS.
  
      It is the sense of Congress the actions of the Government of 
  Uzbekistan in general and in the case of the Andijan massacre 
  specifically--
              (1) are reprehensible, totalitarian, and unbecoming of an 
          ally of the United States;
              (2) are counterproductive to the United States goals of 
          promoting freedom and democracy; and
              (3) justify an end to United States assistance for, and an 
          increase in restrictions on, the Government of Uzbekistan until 
          it accelerates democratic reforms and fulfills its human rights 
          obligations.
  
  SEC. 4. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF UZBEKISTAN.
  
      (a) Amendment.--Chapter 1 of part III of the Foreign Assistance Act 
  of 1961 (22 U.S.C. 2353 et seq.) is amended--
              (1) by redesignating the second section 620G (as added by 
          section 149 of Public Law 104-164 (110 Stat. 1436)) as section 
          620J; and
              (2) by adding at the end the following new section:
  
  ``SEC. 620K. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF UZBEKISTAN.
  
      ``(a) Limitation.--Notwithstanding any other provision of law, 
  assistance under this Act or any other provision of law, other than 
  assistance under the provisions of law described in subsection (b), may 
  be provided to the Government of the Republic of Uzbekistan for a 
  fiscal year only if the President transmits to the appropriate 
  congressional committees a certification described in subsection (c) 
  for the fiscal year.
      ``(b) Provisions of Law Excluded.--The provisions of law described 
  in this subsection are the following:
              ``(1) Title IV of chapter 2 of part I of this Act (relating 
          to insurance, reinsurance, guarantees or other assistance 
          provided by the Overseas Private Investment Corporation).
              ``(2) Section 661 of this Act (relating to assistance 
          provided by the Trade and Development Agency).
              ``(3) Title V of the FREEDOM Support Act, sections 1424 and 
          1501(b) of the National Defense Authorization Act for Fiscal 
          Year 1997, and any other provision of law that authorizes the 
          provision of non-proliferation assistance to foreign countries.
              ``(4) Any provision of law that authorizes activities of 
          the United States and Foreign Commercial Service.
              ``(5) The Export-Import Bank Act of 1945.
              ``(6) Any provision of law that authorizes the provision of 
          humanitarian assistance.
      ``(c) Certification.--A certification described in this subsection 
  is a certification that contains a determination of the President 
  that--
              ``(1) the Government of Uzbekistan has permitted and is 
          fully cooperating with and supporting an independent 
          international inquiry into the violence in Andijan, Uzbekistan, 
          has ceased pressuring the Government of Kyrgyzstan to return 
          the refugees who fled after the massacre, and is prosecuting 
          those individuals responsible for civilian deaths or injuries 
          in the violence; and
              ``(2) the Government of Uzbekistan has accelerated 
          democratic reforms and fulfilled its human rights obligations 
          by--
                      ``(A) releasing from prison all individuals jailed 
                  for peaceful political activism or the nonviolent 
                  expression of their political or religious beliefs;
                      ``(B) fully investigating any credible allegations 
                  of torture and prosecuting those individuals 
                  responsible;
                      ``(C) permitting the free and unfettered 
                  functioning of independent media outlets, independent 
                  political parties, and nongovernmental organizations, 
                  whether officially registered or not;
                      ``(D) permitting the free exercise of religious 
                  beliefs and ceasing the persecution of members of 
                  religious groups and denominations not registered with 
                  the Government of Uzbekistan;
                      ``(E) holding internationally-observed, free, 
                  transparent, competitive, and fair elections; and
                      ``(F) making publicly available documentation of 
                  its revenues and expenditures and prosecuting those 
                  individuals engaged in official corruption.
      ``(d) Definition.--In this section, the term `appropriate 
  congressional committees' means--
              ``(1) the Committee on International Relations and the 
          Committee on Appropriations of the House of Representatives; 
          and
              ``(2) the Committee on Foreign Relations and the Committee 
          on Appropriations of the Senate.''.
      (b) Effective Date.--The limitation on assistance to the Government 
  of Uzbekistan under section 620K of the Foreign Assistance Act of 1961, 
  as added by subsection (a), applies with respect to assistance for the 
  Government of Uzbekistan for fiscal year 2006 and subsequent fiscal 
  years.
  
  SEC. 5. RESTRICTION ON VISAS.
  
      A visa may not be issued to any official of the Government of 
  Uzbekistan who is credibly alleged to have ordered, acquiesced to, or 
  participated in human rights abuses or corruption unless the Secretary 
  of State certifies to the appropriate congressional committees that the 
  issuance of the visa is in the national security interests of the 
  United States.
  
  SEC. 6. FREEZING OF ASSETS.
  
      (a) In General.--The President shall seek to identify and freeze 
  the financial assets and other economic resources in the United States 
  of any official of the Government of Uzbekistan, and their family 
  members, who is credibly alleged to have ordered, acquiesced to, or 
  participated in human rights abuses, including the massacre in Andijan.
      (b) Lifting of Restrictions.--The President shall, on a case-by-
  case basis, lift the freezing of financial assets or other economic 
  resources of any official or individual under this section if the 
  President certifies to the appropriate congressional committees that 
  the official or individual has been properly investigated and cleared 
  of any wrongdoing and that the Government of the United States is 
  confident that the investigation was properly conducted, transparent, 
  and free of political influence.
  
  SEC. 7. MUNITIONS EXPORT LICENSES.
  
      The President shall prohibit the export to Uzbekistan of any item, 
  including the issuance of a license for the export of any item under 
  section 38 of the Arms Export Control Act (22 U.S.C. 2778), on the 
  United States Munitions List or Commerce Control List or any dual use 
  item under the Export Administration Regulations unless the President 
  certifies to the appropriate congressional committees and the 
  Committees on Armed Services of the House of Representatives and the 
  Senate that the Government of Uzbekistan meets the requirements of 
  paragraphs (1) and (2) of section 620K(c) of the Foreign Assistance Act 
  of 1961, as added by section 4 of this Act.
  
  SEC. 8. EMERGENCY REFUGEE ADMISSION.
  
      The President shall expedite admission to the United States of any 
  national of Uzbekistan who is under threat of severe penalty as a 
  result of participating in pro-democracy activities, including those 
  citizens of Uzbekistan who have fled to Kyrgyzstan, and should 
  encourage other governments to accept Uzbek refugees for resettlement.
  
  SEC. 9. PLAN TO MOVE UNITED STATES MILITARY OPERATIONS.
  
      Not later than 60 days after the date of the enactment of this Act, 
  the President shall transmit to the appropriate congressional 
  committees and the Committees on Armed Services of the House of 
  Representatives and the Senate a plan to move all existing United 
  States military operations in Uzbekistan to facilities outside that 
  country.
  
  SEC. 10. DEFINITIONS.
  
      In this Act:
              (1) Appropriate congressional committees.--The term 
          ``appropriate congressional committees'' means--
                      (A) the Committee on International Relations and 
                  the Committee on Appropriations of the House of 
                  Representatives; and
                      (B) the Committee on Foreign Relations and the 
                  Committee on Appropriations of the Senate.
              (2) Commerce control list.--The term ``Commerce Control 
          List'' means the list maintained under part 774 of title 15, 
          Code of Federal Regulations.
              (3) Dual use.--The term ``dual use'' means, with respect to 
          goods or technology, those goods or technology that are 
          specifically designed or developed for civil purposes but which 
          also may be used or deployed in a military or proliferation 
          mode. Such term does not include purely commercial items.
              (4) Export administration regulation.--The term ``Export 
          Administration Regulations'' means those regulations contained 
          in sections 730 through 774 of title 15, Code of Federal 
          Regulations (or successor regulations).
              (5) Item.--The term ``item'' means any good or technology, 
          defense article or defense service subject to the export 
          jurisdiction of the United States under law or regulation.
              (6) United states munitions list.--The term ``United States 
          Munitions List'' means the list referred to in section 38(a)(1) 
          of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
target: Uzbekistan Freedom Promotion Act of 2005 - Amends the Foreign Assistance Act of 1961 to prohibit assistance, with specified exceptions, to the government of Uzbekistan unless the President certifies to the appropriate congressional committees that the government of Uzbekistan: (1) is cooperating with an independent international inquiry into the Andijan violence, has ceased pressuring the government of Kyrgyzstan to return the refugees who fled the massacre, and is prosecuting responsible individuals; and (2) has accelerated democratic reforms and fulfilled its human rights obligations.
  
  Prohibits visa issuance to any official of the government of Uzbekistan who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses or corruption unless the Secretary of State certifies to the appropriate congressional committees that the visa issuance is in U.S. national security interests.
  
  Directs the President to: (1) freeze the financial assets and other economic resources in the United States of any official (or family member) of the government of Uzbekistan who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses, including the massacre in Andijan. (Permits lifting of such freeze if the President certifies to the appropriate congressional committees that the official or individual has been properly investigated and cleared of any wrongdoing.); (2) prohibit munitions or dual use exports to Uzbekistan unless the President certifies that the government of Uzbekistan has met the requirements of the first paragraph above; (3) expedite U.S. admission of any Uzbekistan national who is under threat of severe penalty as a result of participating in pro-democracy activities, including Uzbekistan citizens who have fled to Kyrgyzstan; and (4) transmit to the appropriate congressional committees a plan to move all U.S. military operations from Uzbekistan.
feat_title: To limit assistance to the Government of Uzbekistan, and for other purposes.