[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5056 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5056

 To provide for the promotion of democracy, human rights, and rule of 
     law in the Republic of Belarus and for the consolidation and 
         strengthening of Belarus sovereignty and independence.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2002

   Mr. Smith of New Jersey introduced the following bill; which was 
 referred to the Committee on International Relations, and in addition 
 to the Committees on the Judiciary, Financial Services, and Ways and 
 Means, 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 provide for the promotion of democracy, human rights, and rule of 
     law in the Republic of Belarus and for the consolidation and 
         strengthening of Belarus sovereignty and independence.

    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 Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States supports the promotion of democracy, 
        respect for human rights, and the rule of law in the Republic 
        of Belarus consistent with its commitments as a participating 
        state of the Organization for Security and Cooperation in 
        Europe (OSCE);
            (2) the United States has a vital interest in the 
        independence and sovereignty of the Republic of Belarus and its 
        integration into the European community of democracies;
            (3) the last parliamentary election in Belarus deemed to be 
        free and fair by the international community was conducted in 
        1995 from which emerged the 13th Supreme Soviet whose 
        democratically and constitutionally derived authorities and 
        powers have been usurped by the authoritarian regime of 
        Aleksandr Lukashenka;
            (4) in November 1996, Belarusian President Aleksandr 
        Lukashenka orchestrated 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, and extend his 
        term of office to 2001;
            (5) in May 1999, Belarusian democratic forces challenged 
        Lukashenka's unconstitutional extension of his presidential 
        term by staging alternative presidential elections which were 
        met with repression;
            (6) Belarusian democratic forces have organized peaceful 
        demonstrations against the Lukashenka regime in cities and 
        towns throughout Belarus which led to beatings, mass arrests, 
        and extended incarcerations;
            (7) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka, 
        who have been leaders and supporters of the democratic forces, 
        and Dmitry Zavadsky, a journalist known for his critical 
        reporting, have disappeared and are presumed dead;
            (8) former Belarus government officials have come forward 
        with credible allegations and evidence that top officials of 
        the Lukashenka regime were involved in the disappearances;
            (9) the Lukashenka regime in Belarus systematically 
        harasses and represses the independent media and actively 
        suppresses freedom of speech and expression;
            (10) the Lukashenka regime harasses the autocephalic 
        Belarusian Orthodox Church, the Roman Catholic Church, 
        evangelical Protestant churches, and other minority religious 
        groups;
            (11) the United States, the European Union, the North 
        Atlantic Treaty Organization (NATO) Parliamentary Assembly, and 
        the OSCE Parliamentary Assembly do not recognize the National 
        Assembly;
            (12) the parliamentary elections of October 15, 2000, 
        conducted in the absence of a democratic election law, were 
        illegitimate, unconstitutional, plagued by violent human rights 
        abuses committed by the Lukashenka regime, and determined to be 
        non-democratic by the OSCE; and
            (14) the presidential election of September 9, 2001, was 
        determined by the OSCE and other observers to be fundamentally 
        unfair and failed to meet the OSCE commitments for democratic 
        elections formulated in the 1990 Copenhagen Document and 
        featured significant and abusive misconduct by the Lukashenka 
        regime, including--
                    (A) the harassment, arrest, and imprisonment of 
                opposition members;
                    (B) the denial of equal and fair access by 
                opposition candidates to the state-controlled media;
                    (C) the seizure of equipment and property of 
                independent nongovernmental organizations and press 
                organizations and the harassment of their staff and 
                management;
                    (D) voting and vote counting procedures that were 
                not transparent; and
                    (E) a campaign of intimidation directed against 
                opposition activists, domestic election observation 
                organizations, opposition and independent media, and a 
                libelous media campaign against international 
                observers.

SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS.

    (a) Purposes of Assistance.--The assistance under this section 
shall be available for the following purposes:
            (1) To assist the people of the Republic of Belarus in 
        regaining their freedom and to enable them to join the 
        international community of democracies.
            (2) To encourage free and fair presidential, parliamentary, 
        and local elections in Belarus, conducted in a manner 
        consistent with internationally accepted standards and under 
        the supervision of internationally recognized observers.
            (3) To assist in restoring and strengthening institutions 
        of democratic government in Belarus.
    (b) Authorization for Assistance.--To carry out the purposes of 
subsection (a), the President is authorized to furnish assistance and 
other support for the activities described in subsection (c), to be 
provided primarily for indigenous Belarusian groups that are committed 
to the support of democratic processes.
    (c) Activities Supported.--Activities that may be supported by 
assistance under subsection (b) include--
            (1) the observation of elections and the promotion of free 
        and fair electoral processes;
            (2) development of democratic political parties;
            (3) radio and television broadcasting to and within 
        Belarus;
            (4) the development of nongovernmental organizations 
        promoting democracy and supporting human rights both in Belarus 
        and abroad;
            (5) the development of independent media working within 
        Belarus and from locations outside of Belarus and supported by 
        nonstate-controlled printing facilities;
            (6) international exchanges and advanced professional 
        training programs for leaders and members of the democratic 
        forces in skill areas central to the development of civil 
        society; and
            (7) other activities consistent with the purposes of this 
        Act.
    (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the President to carry out this section $40,000,000 for fiscal 
        years 2003 and 2004.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to the authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.

SEC. 4. RADIO BROADCASTING TO BELARUS.

    (a) Purpose.--It is the purpose of this section to authorize 
increased support for United States Government and surrogate radio 
broadcasting to the Republic of Belarus that will facilitate the 
unhindered dissemination of information.
    (b) Authorization of Appropriations.--In addition to such sums as 
are otherwise authorized to be appropriated, there is authorized to be 
appropriated $5,000,000 for each fiscal year for Voice of America and 
RFE/RL, Incorporated for radio broadcasting to the people of Belarus in 
languages spoken in Belarus.
    (c) Reporting on Radio Broadcasting to and in Belarus.--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 appropriated and allocated pursuant to 
the authorizations of appropriations under subsection (b) and section 
3(d) will be used to provide AM and FM broadcasting that covers the 
territory of Belarus and delivers independent and uncensored 
programming.

SEC. 5. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

    (a) Application of Sanctions.--The sanctions described in 
subsections (c) through (f) shall 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 beliefs.
            (2) The withdrawal of politically motivated legal charges 
        against all opposition figures 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 responsible for 
        their disappearances.
            (4) The cessation of all forms of harassment and repression 
        against the independent media, nongovernmental organizations, 
        and the political opposition in Belarus.
            (5) The implementation of free and fair presidential and 
        parliamentary elections in Belarus consistent with OSCE 
        standards on democratic elections and in cooperation with 
        relevant OSCE institutions.
    (c) Denial of Entry Into the United States of Belarusian 
Officials.--It is the sense of Congress that the President should use 
his 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; or
            (2) is a spouse, minor child, or agent of a person 
        inadmissible under paragraph (1).
    (d) Prohibition on Strategic Exports to Belarus.--
            (1) Prohibition.--No computers, computer software, goods or 
        technology intended to manufacture or service computers, or any 
        other related goods or technology may be exported to Belarus 
        for use by the Government of Belarus, or by its military, 
        police, prison system, or national security agencies. The 
        prohibition of the preceding sentence shall not apply with 
        respect to the export of goods or technology for democracy-
        building or humanitarian purposes.
            (2) Rule of construction.--Nothing in this subsection shall 
        prevent the issuance of licenses to ensure the safety of civil 
        aviation and safe operation of United States-origin commercial 
        passenger aircraft and to ensure the safety of ocean-going 
        maritime traffic in international waters.
    (e) Prohibition on Loans and Investment.--
            (1) United states government financing.--No loan, credit 
        guarantee, insurance, financing, or other similar financial 
        assistance may be extended by any agency of the United States 
        Government (including the Export-Import Bank 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.--No funds available to 
        the Trade and Development Agency may be available for 
        activities of the Agency in or for Belarus.
    (f) Denial of Generalized System of Preferences (GSP).--
            (1) Finding and declaration of policy.--Congress--
                    (A) finds that the Government of Belarus has failed 
                to respect internationally recognized worker rights; 
                and
                    (B) approves the decision of the President to deny 
                duty-free tariff treatment under title V of the Trade 
                Act of 1974 to eligible articles of the Republic of 
                Belarus.
            (2) Denial of gsp benefits.--The President shall continue 
        to deny duty-free treatment for eligible articles of Belarus in 
        accordance with the provisions of title V of the Trade Act of 
        1974 and this section.
    (g) Multilateral Financial Assistance.--It is the sense of Congress 
that, in addition to the application of the sanctions described in 
subsections (c) through (f) 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)), 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.
    (h) Waiver.--The President may waive the application of any 
sanction described in this section with respect to Belarus if the 
President determines and certifies to the appropriate congressional 
committees that it is important to the national interests of the United 
States to do so.

SEC. 6. MULTILATERAL COOPERATION

    It is the sense of Congress that the President should continue to 
seek to coordinate with other countries, particularly European 
countries, a comprehensive, multilateral strategy to further the 
purposes of this Act, including, as appropriate, encouraging other 
countries to take measures with respect to the Republic of Belarus that 
are similar to measures described in this Act.

SEC. 7. REPORT.

    (a) Report.--Not later than 90 days after the date of enactment of 
this Act, and every year thereafter, the President shall transmit to 
the appropriate congressional committees a report that describes, with 
respect to the preceding 12-month period, the following:
            (1)(A) The sale or delivery of weapons or weapons-related 
        technologies from the Republic of Belarus to any country, the 
        government of which the Secretary of State has determined, for 
        purposes of section 6(j)(1) of the Export Administration Act of 
        1979 (50 U.S.C. app. 2405(j)(1)), has repeatedly provided 
        support for acts of international terrorism.
            (B) An identification of each country described in 
        subparagraph (A) and a detailed description of the weapons or 
        weapons-related technologies involved in the sale.
            (C) An identification of the goods, services, credits, or 
        other consideration received by Belarus in exchange for the 
        weapons or weapons-related technologies.
            (2) The personal assets and wealth of Aleksandr Lukashenka 
        and other senior leadership of the Government of Belarus.
    (b) Form.--A report transmitted pursuant to subsection (a) shall be 
in unclassified form but may contain a classified annex.

SEC. 8. DECLARATION OF POLICY.

    Congress hereby--
            (1) expresses its support to those in the Republic of 
        Belarus seeking--
                    (A) to promote democracy and the rule of law and to 
                consolidate the independence and sovereignty of 
                Belarus; and
                    (B) to promote its integration into the European 
                community of democracies;
            (2) expresses its grave concern about the disappearances of 
        Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry 
        Zavadsky;
            (3) calls upon the Lukashenka regime to cease its 
        persecution of political opponents and to release those 
        individuals who have been imprisoned for opposing his regime;
            (4) calls upon the Lukashenka regime to end the pattern of 
        clear, gross, and uncorrected violations of relevant 
        Organization for Security and Cooperation in Europe (OSCE) 
        human dimension commitments and to respect the basic freedoms 
        of speech, expression, assembly, association, language, 
        culture, and religion or belief;
            (5) calls upon the Government of the Russian Federation to 
        use its influence to encourage democratic development in 
        Belarus so that Belarus can become a democratic, prosperous, 
        sovereign, and independent state that is integrated into 
        Europe;
            (6) calls upon the Government of Belarus to resolve the 
        continuing constitutional and political crisis through free, 
        fair, and transparent presidential and parliamentary elections, 
        including, as called for by the OSCE, through respect for human 
        rights, an end to the current climate of fear, meaningful 
        access by the opposition to state media, modification of the 
        electoral code in keeping with OSCE commitments, engagement in 
        genuine talks with the opposition, and modifications to allow 
        for genuine authority for the parliament; and
            (7) commends the democratic opposition in Belarus for their 
        commitment to freedom, their courage in the face of the 
        repression of the Lukashenka regime in Belarus, and the 
        emergence of a pluralist civil society in Belarus--the 
        foundation for the development of democratic political 
        structures.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (2) OSCE.--The term ``OSCE'' means the Organization for 
        Security and Cooperation in Europe.
            (3) Senior leadership of the government of belarus.--The 
        term ``senior leadership of the Government of Belarus'' 
        includes--
                    (A) the President, Prime Minister, Deputy Prime 
                Ministers, government ministers, Chairmen of State 
                Committees, and members of the Presidential 
                Administration of Belarus;
                    (B) any official of the Government of Belarus who 
                is personally and substantially involved in the 
                suppression of freedom in Belarus, including judges and 
                prosecutors; and
                    (C) any other individual determined by the 
                Secretary of State (or the Secretary's designee) to be 
                personally and substantially involved in the 
                formulation or execution of the policies of the 
                Lukashenka regime that are in contradiction of 
                internationally recognized human rights standards.
                                 <all>