[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 854 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 854
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
February 13, 2003
Mr. Smith of New Jersey (for himself, Mr. Hoyer, Mr. Hoeffel, and Ms.
Slaughter) introduced the following bill; which was referred to the
Committee on International Relations, 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 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 2003''.
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
President Aleksandr Lukashenka;
(4) 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;
(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 systematically harasses and
represses the independent media and independent trade unions,
imprisons independent journalists, and actively suppresses
freedom of speech and expression;
(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 United States, the European Union, the North
Atlantic Treaty Organization (NATO) Parliamentary Assembly, and
the OSCE Parliamentary Assembly have not recognized the
National Assembly;
(13) 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 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 is authorized to be appropriated to
the President to carry out this section $40,000,000 for fiscal
years 2004 and 2005.
(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 (e) 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 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
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) Multilateral Financial Assistance.--It is the sense of Congress
that, in addition to the application of the sanctions described in
subsections (c) through (e) 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.
(g) 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) 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) expresses its support to those in the Republic of
Belarus seeking--
(A) to promote democracy, human rights, 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 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;
(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.
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