[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 854 Enrolled Bill (ENR)]

        H.R.854

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
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 2004''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
        (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) In November 1996, 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.
        (4) Democratic forces in Belarus have organized peaceful 
    demonstrations against the Lukashenka regime in cities and towns 
    throughout Belarus which led to beatings, mass arrests, and 
    extended incarcerations.
        (5) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka, who 
    have been leaders and supporters of the democratic forces in 
    Belarus, and Dmitry Zavadsky, a journalist known for his critical 
    reporting in Belarus, have disappeared and are presumed dead.
        (6) Former Belarus Government officials have come forward with 
    credible allegations and evidence that top officials of the 
    Lukashenka regime were involved in the disappearances.
        (7) The Belarusian authorities have mounted a major systematic 
    crackdown on civil society through the closure, harassment, and 
    repression of nongovernmental organizations, and independent trade 
    unions.
        (8) The Belarusian authorities actively suppress freedom of 
    speech and expression, including engaging in systematic reprisals 
    against independent media.
        (9) The Lukashenka regime has reversed the revival of 
    Belarusian language and culture, including through the closure of 
    the National Humanities Lyceum, the last remaining high school 
    where classes were taught in the Belarusian language.
        (10) The Lukashenka regime harasses the autocephalic Belarusian 
    Orthodox Church, the Roman Catholic Church, the Jewish community, 
    the Hindu Lights of Kalyasa community, evangelical Protestant 
    churches (such as Baptist and Pentecostal groups), and other 
    minority religious groups.
        (11) The Law on Religious Freedom and Religious Organizations, 
    passed by the National Assembly and signed by Lukashenka on October 
    31, 2002, establishes one of the most repressive legal regimes in 
    the OSCE region, severely limiting religious freedom and placing 
    excessively burdensome government controls on religious practice.
        (12) The parliamentary elections of October 15, 2000, and the 
    presidential election of September 9, 2001, were determined to be 
    fundamentally unfair and nondemocratic.
        (13) The Government of Belarus has made no substantive progress 
    in addressing criteria established by the OSCE in 2000, ending 
    repression and the climate of fear, permitting a functioning 
    independent media, ensuring transparency of the elections process, 
    and strengthening of the functions of parliament.

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 European 
    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 governance 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;
        (5) the development of independent media working within Belarus 
    and from locations outside the country 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 are authorized to be appropriated to 
    the President to carry out this section such sums as may be 
    necessary for each of the fiscal years 2005 and 2006.
        (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 are authorized to be 
appropriated such sums as may be necessary for fiscal year 2005 and 
each subsequent fiscal year for radio broadcasting to the people of 
Belarus in languages spoken in Belarus.

SEC. 5. SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST BELARUS.

    (a) Sense of Congress.--It is the sense of Congress that the 
sanctions described in subsection (c) 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 figures 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 responsible for their 
    disappearances.
        (4) The cessation of all forms of harassment and repression 
    against the independent media, independent trade unions, 
    nongovernmental organizations, religious organizations (including 
    their leadership and members), and the political opposition in 
    Belarus.
        (5) The implementation of free and fair presidential and 
    parliamentary elections in Belarus consistent with OSCE 
    commitments.
    (c)  Prohibition on Loans and Investment.--
        (1) United states government financing.--No loan, credit 
    guarantee, insurance, financing, or other similar financial 
    assistance should 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 should be available for activities of 
    the Agency in or for Belarus.
    (d) Multilateral Financial Assistance.--It is further the sense of 
Congress that, in addition to the application of the sanctions 
described in subsection (c) 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.

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 the 
enactment of this Act, and not later than 1 year thereafter, the 
President shall transmit to the appropriate congressional committees a 
report that describes, with respect to the preceding 12-month period, 
and to the extent practicable the following:
        (1) 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.
        (2) An identification of each country described in paragraph 
    (1) and a detailed description of the weapons or weapons-related 
    technologies involved in the sale.
        (3) An identification of the goods, services, credits, or other 
    consideration received by Belarus in exchange for the weapons or 
    weapons-related technologies.
        (4) 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) calls upon the Lukashenka regime to cease its persecution 
    of political opponents or independent journalists and to release 
    those individuals who have been imprisoned for opposing his regime 
    or for exercising their right to freedom of speech;
        (2) expresses its grave concern about the disappearance of 
    Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenko, and Dmitry 
    Zavadsky and calls upon the Lukashenka regime to cooperate fully 
    with the Belrussian civil initiative ``We Remember'' and to extend 
    to this organization all necessary information to find out the 
    truth about the disappearances;
        (3) calls upon the Lukashenka regime to cooperate fully with 
    the Parliamentary Assembly of the Council of Europe (PACE) and its 
    specially appointed representatives in matters regarding the 
    resolution of the cases of the disappeared; and
        (4) commends the democratic opposition in Belarus for their 
    commitment to participate in October 2004 Parliamentary elections 
    as a unified coalition and for their courage in the face of the 
    repression of the Lukashenka regime in Belarus.

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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.