[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8438 Engrossed in House (EH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8438
_______________________________________________________________________
AN ACT
To reauthorize the Belarus Democracy Act of 2004.
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, Human Rights, and
Sovereignty Act of 2020''.
SEC. 2. FINDINGS.
Section 2 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 2. FINDINGS.
``Congress finds the following:
``(1) The Government of Belarus, led by Alyaksandr
Lukashenka, continues to engage in a pattern of clear and
persistent violations of human rights and fundamental freedoms.
``(2) The Government of Belarus, led by Alyaksandr
Lukashenka, continues to engage in a pattern of clear and
uncorrected violations of basic principles of democratic
governance, including through a series of fundamentally flawed
presidential and parliamentary elections undermining the
legitimacy of executive and legislative authority in that
country.
``(3) The Government of Belarus, led by Alyaksandr
Lukashenka, continues to subject thousands of pro-democracy
political activists and peaceful protesters to harassment,
beatings, and imprisonment, particularly as a result of their
attempts to peacefully exercise their right to freedom of
assembly and association.
``(4) The Government of Belarus, led by Alyaksandr
Lukashenka, continues to suppress independent media and
journalists and to restrict access to the internet, including
social media and other digital communication platforms, in
violation of the right to freedom of speech and expression of
those dissenting from the dictatorship of Alyaksandr
Lukashenka.
``(5) The Government of Belarus, led by Alyaksandr
Lukashenka, continues a systematic campaign of harassment,
repression, and closure of nongovernmental organizations,
including independent trade unions and entrepreneurs, creating
a climate of fear that inhibits the development of civil
society and social solidarity.
``(6) The Government of Belarus, led by Alyaksandr
Lukashenka, has pursued a policy undermining the country's
sovereignty and independence by making Belarus political,
economic, cultural, and societal interests subservient to those
of Russia.
``(7) The Government of Belarus, led by Alyaksandr
Lukashenka, continues to reduce the independence of Belarus
through integration into a so-called `Union State' that is
under the control of Russia.
``(8) On August 9, 2020, the Government of Belarus
conducted a presidential election that was fraudulent and did
not meet international standards. There were serious
irregularities with ballot counting and the reporting of
election results. The Government of Belarus also put in place
restrictive measures that impeded the work of local independent
observers and did not provide sufficient notice to the OSCE to
allow for the OSCE to monitor the elections, as is customary.
``(9) After the August 9, 2020, presidential election, the
Government of Belarus responded to the peaceful opposition
protests, which are the largest in Belarus history, with a
violent crackdown, including, according to the United Nations
Special Rapporteur, the detention of more than 10,000 peaceful
protestors as of September 18, 2020.
``(10) Thousands of employees at Belarusian state-owned
enterprises, who have been seen as Alyaksandr Lukashenka's
traditional base during his 26-year rule, went on strike across
the country to protest Lukashenka's illegitimate election and
the subsequent crackdowns, including at some of Belarus's
largest factories such as the BelAZ truck plant, the Minsk
Tractor Works, and the Minsk Automobile Plant.
``(11) Women have served as the leading force in
demonstrations across the country, protesting the police
brutality and mass detentions by wearing white, carrying
flowers, forming `solidarity chains', and unmasking undercover
police trying to arrest demonstrators.
``(12) After the August 9, 2020, presidential election, the
Government of Belarus has sought to stop the work of the
Coordination Council, which was formed by the leading
opposition presidential candidate, Sviatlana Tsikhanouskaya, to
facilitate a peaceful transition of power by subjecting the
Council's senior members to violence, detention, and forced
exile.
``(13) After the August 9, 2020, presidential election, the
Government of Belarus restricted the free flow of information
to silence the opposition and to conceal the regime's violent
crackdown on peaceful protestors, including by stripping the
accreditation of journalists from major foreign news outlets,
disrupting internet access, limiting access to social media and
other digital communication platforms, and detaining and
harassing countless journalists.
``(14) Before the European Parliament on August 25, 2020,
Tsikhanouskaya stressed that a `peaceful revolution' was
underway in Belarus, and that `It is neither a pro-Russian nor
anti-Russian revolution. It is neither an anti-European Union
nor a pro-European Union revolution. It is a democratic
revolution.'.
``(15) Against the will of the majority of the Belarusian
people, Russian President Vladimir Putin has propped up the
Alyaksandr Lukashenka regime, including by offering security
assistance, providing significant financial support, and
sending Russian propagandists to help disseminate pro-regime
propaganda on Belarus state television.
``(16) After the August 9, 2020, presidential election, the
United States, the European Union, the United Kingdom, and
Canada condemned the violent crackdown on peaceful protestors,
refused to accept the results of the fraudulent election and
called for new free and fair elections under independent
observation.
``(17) On September 8, 2020, Secretary of State Michael R.
Pompeo said, `The United States, in coordination with our
partners and Allies, is considering additional targeted
sanctions to promote accountability for those involved in human
rights abuses and repression in Belarus.'.
``(18) Following Alyaksandr Lukashenka's September 23,
2020, secret inauguration, the United States, the European
Union, numerous European Union member states, the United
Kingdom, and Canada announced they did not recognize him as the
legitimately elected leader of Belarus.''.
SEC. 3. STATEMENT OF POLICY.
Section 3 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 3. STATEMENT OF POLICY.
``It is the policy of the United States to--
``(1) condemn the conduct of the August 9, 2020,
presidential election and crackdown on opposition candidates,
senior members of the Coordination Council, peaceful
protestors, employees from state-owned enterprises
participating in strikes, independent election observers, and
independent journalists and bloggers;
``(2) continue to call for the immediate release without
preconditions of all political prisoners in Belarus, including
all those individuals detained in connection with the August 9,
2020, presidential election, a leading opposition figure Maryia
Kalesnikava, and United States citizen Vitali Shkliarov;
``(3) continue to support the aspirations of the people of
Belarus for democracy, human rights, and the rule of law;
``(4) continue to support the aspirations of the people of
Belarus to exercise their religion freely, including the head
of the Catholic Church in Belarus Archbishop Tadeusz
Kondrusiewicz who was barred from entering the country after
criticizing Belarusian authorities;
``(5) continue to support actively the aspirations of the
people of the Republic of Belarus to preserve the independence
and sovereignty of their country;
``(6) not to recognize any incorporation of Belarus into a
`Union State' with Russia, as this so-called `Union State'
would be both an attempt to absorb Belarus and a step to
reconstituting the totalitarian Soviet Union;
``(7) continue to reject the results of the fraudulent
August 9, 2020, presidential election in Belarus, and to
support calls for new presidential and parliamentary elections,
conducted in a manner that is free and fair according to OSCE
standards and under the supervision of OSCE observers and
independent domestic observers;
``(8) refuse to recognize Alyaksandr Lukashenka as the
legitimately elected leader of Belarus;
``(9) continue to call for the fulfillment by the
Government of Belarus of Belarus's freely undertaken
obligations as an OSCE participating state and as a signatory
of the Charter of the United Nations;
``(10) support an OSCE role in mediating a dialogue within
Belarus between the government and genuine representatives of
Belarusian society;
``(11) recognize the Coordination Council as a legitimate
institution to participate in a dialogue on a peaceful
transition of power;
``(12) urge an expanded United States diplomatic presence
in Belarus to advocate for the aspirations of the people of
Belarus for democracy, human rights, and the rule of law;
``(13) continue to work closely with the European Union,
the United Kingdom, Canada, and other countries and
international organizations, to promote the principles of
democracy, the rule of law and human rights in Belarus; and
``(14) remain open to reevaluating United States policy
toward Belarus as warranted by demonstrable progress made by
the Government of Belarus consistent with the aims of this Act
as stated in this section.''.
SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL SOCIETY, AND SOVEREIGNTY
IN BELARUS.
Section 4 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) in the section heading to read as follows: ``assistance
to promote democracy, civil society, and sovereignty in
belarus.'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``European'' and
inserting ``Trans-Atlantic''; and
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and 4, respectively; and
(C) by inserting after paragraph (1) the following:
``(2) To assist the people of Belarus in building the
sovereignty and independence of their country.'';
(3) in subsection (b)--
(A) by inserting ``and Belarusian groups outside of
Belarus'' after ``indigenous Belarusian groups''; and
(B) by inserting ``and Belarusian sovereignty''
before the period at the end;
(4) in subsection (c)--
(A) by striking paragraph (8);
(B) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively;
(C) by inserting after paragraph (2) the following:
``(3) countering internet censorship and repressive
surveillance technology that seek to limit free association,
control access to information, and prevent citizens from
exercising their rights to free speech;'';
(D) in paragraph (8) (as redesignated), by striking
``and'' at the end; and
(E) by adding at the end the following:
``(9) supporting the work of women advocating freedom,
human rights, and human progress;
``(10) supporting the development of Belarusian language
education;
``(11) enhancing the development of the private sector,
particularly the information technology sector, and its role in
the economy of Belarus, including by increasing the capacity of
private sector actors, developing business support
organizations, offering entrepreneurship training, and
expanding access to finance for small and medium enterprises;
``(12) supporting political refugees in neighboring
European countries fleeing the crackdown in Belarus;
``(13) supporting the gathering of evidence on and
investigating of the human rights abuses in Belarus;
``(14) supporting the public health response, including
filling the information void, in Belarus during the COVID-19
pandemic; and
``(15) other activities consistent with the purposes of
this Act.'';
(5) by redesignating subsection (d) as subsection (g);
(6) by inserting after subsection (c) the following:
``(d) Sense of Congress.--It is the sense of Congress that, in
light of the political crisis in Belarus and the unprecedented
mobilization of the Belarusian people, United States foreign assistance
to Belarusian civil society should be reevaluated and increased to
carry out the purposes described in subsection (a) and to include the
activities described in subsection (c).
``(e) Coordination With European Partners.--In order to maximize
impact, eliminate duplication, and further the achievement of the
purposes described in subsection (a), the Secretary of State shall
ensure coordination with the European Union and its institutions, the
governments of countries that are members of the European Union, the
United Kingdom, and Canada.
``(f) Report on Assistance.--Not later than one year after the date
of the enactment of the Belarus Democracy, Human Rights, and
Sovereignty Act of 2020, the Secretary of State, acting through the
Office of the Coordinator of U.S. Assistance to Europe and Eurasia, and
in coordination with the Administrator of the United States Agency for
International Development, shall submit to the appropriate
congressional committees a report on the programs and activities
carried out to achieve the purposes described in subsection (a),
including an assessment of whether or not progress was made in
achieving those purposes.''; and
(7) in subsection (g) (as redesignated)--
(A) by striking ``Authorization of Appropriations''
and all that follows through ``There are'' and
inserting ``Authorization of Appropriations.--There
are'';
(B) by striking ``fiscal years 2007 and 2008'' and
inserting ``fiscal years 2021 and 2022''; and
(C) by striking paragraph (2).
SEC. 5. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND ACCESS TO
INFORMATION IN BELARUS.
Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 5. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND ACCESS TO
INFORMATION IN BELARUS.
``(a) Sense of Congress.--It is the sense of Congress that--
``(1) the President should support and reallocate resources
to radio, television, and internet broadcasting in languages
spoken in Belarus by Radio Free Europe/Radio Liberty to the
people of Belarus;
``(2) the United States should also support other
independent media providing objective information to the
Belarusian people, particularly in the Belarusian language;
``(3) the President should provide the United States Agency
for Global Media with a surge capacity (as such term is defined
in section 316 of the United States International Broadcasting
Act (22 U.S.C. 6216)) for programs and activities in Belarus;
``(4) the Chief Executive Officer of the United States
Agency for Global Media, working through the Open Technology
Fund and in coordination with the Secretary of State, should
expand and prioritize efforts to provide anti-censorship
technology and services to journalists and civil society in
Belarus in order to enhance their ability to safely access or
share digital news and information without fear of
repercussions or surveillance; and
``(5) the United States should continue to condemn the
Belarusian authorities' crackdown on independent media,
including the harassment and mass detentions of independent and
foreign journalists and the denial of accreditation.
``(b) Strategy To Promote Expanded Broadcasting, Internet Freedom,
and Access to Information in Belarus.--
``(1) In general.--Not later than 120 days after the date
of the enactment of the Belarus Democracy, Human Rights, and
Sovereignty Act of 2020, the Chief Executive Officer of the
United States Agency for Global Media and the Secretary of
State shall jointly submit to the appropriate congressional
committees a comprehensive strategy, including a cost estimate,
to carry out the following:
``(A) Expand independent radio, television, live
stream, and social network broadcasting and
communications in Belarus to provide news and
information, particularly in the Belarusian language,
that is credible, comprehensive, and accurate.
``(B) Support the development and use of anti-
censorship and circumvention technologies by the Open
Technology Fund and the Bureau of Democracy Human
Rights and Labor that enable the citizens of Belarus to
communicate securely and undertake internet activities
without interference from the Government of Belarus.
``(C) Assist efforts to overcome attempts by the
Government of Belarus to disrupt internet access and
block content online.
``(D) Monitor the cooperation of the Government of
Belarus with any foreign government or organization for
purposes related to the censorship or surveillance of
the internet, including an assessment of any such
cooperation in the preceding ten years.
``(E) Monitor the purchase or receipt by the
Government of Belarus of any technology or training
from any foreign government or organization for
purposes related to the censorship or surveillance of
the internet, including an assessment of any such
purchase or receipt in the preceding ten years.
``(F) Assist with the protection of journalists who
have been targeted for free speech activities,
including through the denial of accreditation.
``(G) Provide cyber-attack mitigation services to
civil society organizations in Belarus.
``(H) Provide resources for educational materials
and training on digital literacy, bypassing internet
censorship, digital safety, and investigative and
analytical journalism for independent journalists
working in Belarus.
``(I) Build the capacity of civil society, media,
and other nongovernmental and organizations to
identify, track, and counter disinformation, including
from proxies of the Government of Russia working at
Belarusian state television.
``(2) Form.--The report required by paragraph (1) shall be
transmitted in unclassified form but may contain a classified
annex.''.
SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
Section 6 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) in subsection (b)--
(A) by striking ``December 19, 2010'' each place it
appears and inserting ``August 9, 2020'';
(B) in paragraph (2), by inserting ``, peaceful
protesters,'' after ``all opposition activists''; and
(C) by striking paragraphs (3) and (6) and
redesignating paragraphs (4), (5), and (7) as
paragraphs (3), (4), and (5), respectively;
(2) in subsection (c)--
(A) in the subsection heading, by inserting ``and
Russian Individuals Complicit in the Crackdown That
Occurred After the August 9, 2020, Election'' after
``Belarus'';
(B) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively;
(C) by inserting after paragraph (3) the following:
``(4) is a member of the Central Election Commission of
Belarus or assisted the Commission in manipulating the
presidential election of August 9, 2020;'';
(D) in paragraph (5) (as redesignated) to read as
follows:
``(5) is a member of any branch of the security or law
enforcement services of Belarus, including the KGB, Interior
Ministry, and OMON special police unit, and is responsible for,
or complicit in, ordering, controlling, materially assisting,
sponsoring, or providing financial, material, or technological
support for, or otherwise directing, the crackdown on
opposition leaders, journalists, and peaceful protestors that
occurred in connection with the presidential election of August
9, 2020; or''; and
(E) by adding at the end the following:
``(7) is a government official, including at the
Information Ministry, responsible for the crackdown on
independent media, including revoking the accreditation of
journalists, disrupting internet access, and restricting online
content;
``(8) is an official in the so-called `Union State' between
Russia and Belarus (regardless of nationality of the
individual); or
``(9) is a Russian individual that has significantly
participated in the crackdown on independent press or human
rights abuses related to political repression in Belarus,
including the Russian propagandists sent to replace local
employees at Belarusian state media outlets.'';
(3) in subsection (d)(1), by striking ``the Overseas
Private Investment Corporation'' and inserting ``the United
States International Development Finance Corporation'';
(4) in subsection (e), by striking ``(including any
technical assistance or grant) of any kind''; and
(5) in subsection (f)--
(A) in paragraph (1)(A), by striking ``or by any
member or family member closely linked to any member of
the senior leadership of the Government of Belarus''
and inserting ``or by the senior leadership of the
Government of Belarus or by any member or family member
closely linked to the senior leadership of the
Government of Belarus, or an official of the so-called
`Union State' with Russia''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by adding at the
end before the semicolon the following: ``, or
an official of the so-called `Union State' with
Russia''; and
(ii) in subparagraph (B), by inserting ``,
or the so-called `Union State' with Russia,''
after ``the Government of Belarus''.
SEC. 7. MULTILATERAL COOPERATION.
Section 7 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 7. MULTILATERAL COOPERATION.
``It is the sense of Congress that the President should continue to
coordinate with the European Union and its institutions, European Union
member states, the United Kingdom, and Canada to develop a
comprehensive, multilateral strategy to--
``(1) 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; and
``(2) deter the Government of Russia from undermining
democratic processes and institutions in Belarus or threatening
the independence, sovereignty, and territorial integrity of
Belarus.''.
SEC. 8. REPORTS.
Section 8 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 8. REPORTS.
``(a) Report on Threat to Sovereignty and Independence of
Belarus.--
``(1) In general.--Not later than 120 days after the date
of the enactment of the Belarus Democracy, Human Rights, and
Sovereignty Act of 2020, the Secretary of State, in
coordination with the Director of National Intelligence, shall
transmit to the appropriate congressional committees a report
on the threat the Government of Russia poses to the sovereignty
and independence of Belarus.
``(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
``(A) An assessment of how the Government of Russia
is exploiting the current political crisis in Belarus
to push for deeper political and economic control of or
integration with Belarus.
``(B) A description of the economic and energy
assets in Belarus that the Government of Russia,
including Russian state-owned or state-controlled
companies, controls.
``(C) A description of Belarus major enterprises
that are vulnerable of being taken over by Russian
entities amid the country's worsening financial crisis.
``(D) A description of how and to what ends the
Government of Russia seeks to augment its military
presence in Belarus.
``(E) A description of Russian influence over the
media and information space in Belarus and how the
Government of Russia uses disinformation and other
malign techniques to undermine Belarusian history,
culture, and language.
``(F) A description of other actors in Belarus that
the Government of Russia uses to advance its malign
influence, including veterans' organizations and
extrajudicial networks.
``(G) A description of efforts to undermine
Belarusian language, cultural, and national symbols,
including the traditional red and white flag and the
`Pahonia' mounted knight.
``(H) An identification of Russian individuals and
government agencies that are significantly supporting
or involved in the crackdown on peaceful protestors and
the opposition or the repression of independent media
following the August 9, 2020, presidential election.
``(3) Form.--The report required by this subsection shall
be transmitted in unclassified form but may contain a
classified annex.
``(b) Report on Personal Assets of Alyaksandr Lukashenka.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Belarus Democracy, Human Rights, and
Sovereignty Act of 2020, the Secretary of the Treasury, in
consultation with the Secretary of State and the Director of
National Intelligence, shall submit to the appropriate
congressional committees a report on--
``(A) the total assets under the direct or indirect
control of Alyaksandr Lukashenka, including estimated
assets and known sources of income of Alyaksandr
Lukashenka and his immediate family members, including
assets, investments, bank accounts, and other business
interests; and
``(B) an identification of the most significant
senior foreign political figures in Belarus, as
determined by their closeness to Alyaksandr Lukashenka.
``(2) Form.--The report required by this subsection shall
be transmitted in unclassified form but may contain a
classified annex.''.
SEC. 9. DEFINITIONS.
Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Affairs, the
Committee on Financial Services, and the Committee on
Appropriations of the House of Representatives; and
``(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Appropriations of the Senate.''; and
(2) in paragraph (3)(B)--
(A) in clause (i), by inserting ``members of the
security and intelligence services,'' after
``prosecutors,''; and
(B) in clause (ii), by inserting ``, electoral
fraud, online censorship, or restrictions on
independent media and journalists'' after ``public
corruption''.
SEC. 10. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives November 18, 2020.
Attest:
Clerk.
116th CONGRESS
2d Session
H. R. 8438
_______________________________________________________________________
AN ACT
To reauthorize the Belarus Democracy Act of 2004.