[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 854 Received in Senate (RDS)]

  2d Session
                                H. R. 854


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 5, 2004

                                Received

_______________________________________________________________________

                                 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 initiatve ``We Remember'' and 
        to extend to this organization all necessary information to 
        find out the truth about the disappearances;
            (3) calls upon the 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.

            Passed the House of Representatives October 4, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.