[Congressional Record Volume 166, Number 196 (Wednesday, November 18, 2020)]
[House]
[Pages H5915-H5920]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      BELARUS DEMOCRACY, HUMAN RIGHTS, AND SOVEREIGNTY ACT OF 2020

  Mr. ESPAILLAT. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 8438) to reauthorize the Belarus Democracy Act of 2004, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 8438

       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;

[[Page H5916]]

       ``(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)--

[[Page H5917]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Espaillat) and the gentleman from South Carolina (Mr. Wilson) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. ESPAILLAT. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 8438.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ESPAILLAT. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I want to acknowledge my friend, Mr. Smith of New 
Jersey, for his hard work on this bill, along with our other colleagues 
who helped move this measure forward, Mr. McCaul, Ms. Kaptur, Mr. 
Kinzinger, and Mr. Keating.
  In Belarus, Lukashenko's illegitimate regime continues his brutal 
crackdown on the peaceful protesters of that country that have taken to 
the streets in historic numbers to protest the elections he stole back 
on August 9, 2020. It was the right thing to do when the United States, 
Canada, the United Kingdom, and the EU worked together to impose 
sanctions of those responsible. But the people of Belarus still need 
our help.
  This bipartisan bill makes clear that Congress will stand with the 
Belarusian people and against their oppressors, and that they will 
support

[[Page H5918]]

their long-term goals of building a freer, more democratic, and more 
western-facing Belarus. To support the citizens of that country, this 
bill authorizes assistance to promote democracy, human rights, and 
civil society. It also calls on the administration to ramp up our 
assistance efforts.
  And for those trying to stifle the democratic aspiration of the 
Belarusian people, this bill imposes stiff new consequences. It expands 
the list of Belarusian authorities and complicit Russian officials who 
may be targeted by U.S. sanctions.
  This bill is more than just words of support. It would make a real 
difference for the people of Belarus as they strive to build a better 
future for themselves and their country.
  I urge my colleagues to join me in supporting this legislation, and I 
reserve the balance of my time.

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                Washington, DC, November 11, 2020.
     Hon. Maxine Waters,
     Chairman, Committee on Financial Services,
     House of Representatives, Washington, DC.
       Dear Chairman Waters: I am writing to you concerning H.R. 
     8438, to reauthorize the Belarus Democracy Act. I appreciate 
     your willingness to work cooperatively on this legislation.
       I acknowledge that provisions of the bill fall within the 
     jurisdiction of the Committee on Financial Services under 
     House Rule X, and that your Committee will forgo action on 
     H.R. 8438 to expedite floor consideration. I further 
     acknowledge that the inaction of your Committee with respect 
     to the bill does not waive any future jurisdictional claim 
     over the matters contained in the bill that fall within your 
     jurisdiction. I also acknowledge that your Committee will be 
     appropriately consulted and involved as this or similar 
     legislation moves forward, and will support the appointment 
     of Committee on Financial Services conferees during any 
     House-Senate conference convened on this legislation.
       Lastly, I will ensure that our exchange of letters is 
     included in the Congressional Record during floor 
     consideration of the bill. Thank you again for your 
     cooperation regarding the legislation. I look forward to 
     continuing to work with you as the measure moves through the 
     legislative process.
           Sincerely,
                                                   Eliot L. Engel,
     Chairman.
                                  ____

                                         House of Representatives,


                              Committee on Financial Services,

                                Washington, DC, November 13, 2020.
     Hon. Eliot Engel,
     Chairman, Committee on Foreign Affairs,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing concerning H.R. 8438 the 
     ``Belarus Democracy, Human Rights and Sovereignty Act of 
     2020.'' In order to permit H.R. 8438 to proceed expeditiously 
     to the House Floor, I agree to forgo formal consideration of 
     the bill.
       The Committee on Financial Services takes this action to 
     forego formal consideration of H.R. 8438 in light of the 
     mutually agreed changes to provisions within the jurisdiction 
     of the Committee on Financial Services. We are also doing so 
     based on our mutual understanding that, by foregoing formal 
     consideration of H.R. 8438 at this time, we do not waive any 
     jurisdiction over the subject matter contained in this or 
     similar legislation, and that our Committee will be 
     appropriately consulted and involved as this or similar 
     legislation moves forward with regard to any matters in the 
     Committee's jurisdiction. The Committee also reserves the 
     right to seek appointment of an appropriate number of 
     conferees to any House-Senate conference involving this or 
     similar legislation that involves the Committee's 
     jurisdiction and request your support for any such request.
       Finally, I would appreciate your response to this letter 
     confirming this understanding, and I would ask that a copy of 
     our exchange of letters on this matter be included in the 
     Congressional Record during Floor consideration of H.R. 8438.
           Sincerely,
                                                    Maxine Waters,
     Chairwoman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                Washington, DC, November 11, 2020.
     Hon. Jerrold Nadler,
     Chairman, Committee on the Judiciary,
     House of Representatives, Washington, DC.
       Dear Chairman Nadler: I am writing to you concerning H.R. 
     8438, to reauthorize the Belarus Democracy Act. I appreciate 
     your willingness to work cooperatively on this legislation.
       I acknowledge that provisions of the bill fall within the 
     jurisdiction of the House Committee on the Judiciary under 
     House Rule X, and that your Committee will forgo action on 
     H.R. 8438 to expedite floor consideration. I further 
     acknowledge that the inaction of your Committee with respect 
     to the bill does not waive any future jurisdictional claim 
     over the matters contained in the bill that fall within your 
     jurisdiction. I will also support the appointment of 
     Committee on the Judiciary conferees during any House-Senate 
     conference convened on this legislation.
       Lastly, I will ensure that our exchange of letters is 
     included in the Congressional Record during floor 
     consideration of the bill. Thank you again for your 
     cooperation regarding the legislation. I look forward to 
     continuing to work with you as the measure moves through the 
     legislative process.
           Sincerely,
                                                   Eliot L. Engel,
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                 Washington, DC, November 9, 2020.
     Hon. Eliot Engel,
     Chairman, Committee on Foreign Affairs,
     House of Representatives, Washington, DC.
       Dear Chairman Engel: This is to advise you that the 
     Committee on the Judiciary has now had an opportunity to 
     review the provisions in H.R. 8438, the ``Belarus Democracy, 
     Human Rights, and Sovereignty Act of 2020,'' that fall within 
     our Rule X jurisdiction. I appreciate your consulting with us 
     on those provisions. The Judiciary Committee has no objection 
     to your including them in the bill for consideration on the 
     House floor, and to expedite that consideration is willing to 
     forgo action on H.R. 8438, with the understanding that we do 
     not thereby waive any future jurisdictional claim over those 
     provisions or their subject matters.
       In the event a House-Senate conference on this or similar 
     legislation is convened, the Judiciary Committee reserves the 
     right to request an appropriate number of conferees to 
     address any concerns with these or similar provisions that 
     may arise in conference.
       Please place this letter into the Congressional Record 
     during consideration of the measure on the House floor. Thank 
     you for the cooperative spirit in which you have worked 
     regarding this matter and others between our committees.
           Sincerely,
                                                   Jerrold Nadler,
                                                         Chairman.

  Mr. WILSON of South Carolina. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I rise today in support of H.R. 8438, the Belarus 
Democracy, Human Rights, and Sovereignty Act.
  I greatly appreciate Representative Chris Smith of New Jersey for 
championing this bill. He is so well known as a visionary for freedom 
around the world. I am also proud to join him along with my dear 
friend, Chairman Eliot Engel, who has been such a valued champion of 
democracy and with whom I had the rare opportunity to visit Pyongyang 
in North Korea. Joining us are Representatives Kaptur, Kinzinger, and 
Keating as original cosponsors of this important bipartisan piece of 
legislation.
  There is no question that Alexander Lukashenko rigged the 
presidential election in Belarus this past August.
  Since then, despite the terror inflicted upon them by the Lukashenko 
regime, the Belarusian people have continued to peacefully protest in 
historic numbers. And their calls for new free and fair elections are 
only getting louder. Their courage is truly inspiring.
  The Belarusian people know that a legitimate leader does not need to 
use violence, arbitrary detention, or torture to cling to power.
  They know that a legitimate leader does not need to curtail freedom 
of expression and the right to peaceful assembly to silent dissenting 
views
  And they know that a legitimate leader does not need to block 
independent media, disrupt internet access, and expel and detain 
countless journalists to conceal the true scale of opposition to his 
rule.
  It is far past time Lukashenko comes to understand this as well.
  This bill reaffirms that it is the U.S. policy to refuse to recognize 
Lukashenko as the legitimate leader of Belarus. It also aims to assist 
the Belarusian people in regaining their freedom and restoring the 
country's institutions of democratic governments.
  Moreover, we know that Vladimir Putin fears democratic movements 
rising up against fellow dictators in his backyard. Any Russian move to 
undermine the will of the Belarusian people or the country's 
independence must be met with severe consequences.
  That is why this legislation provides the President with the 
necessary tools to hold accountable not only the Belarusian authorities 
responsible for the violent crackdown but also their Russian backers.
  This bill will create the necessary conditions to allow the 
Belarusian people to chart their own future. As such, I urge all 
Members to join me in supporting its passage.
  Mr. Speaker, I reserve the balance of my time.

[[Page H5919]]

  

  Mr. ESPAILLAT. Mr. Speaker, I reserve the balance of my time.
  Mr. WILSON of South Carolina. Mr. Speaker, I yield as much time as he 
may consume to the gentleman from New Jersey (Mr. Smith), the very 
courageous sponsor of this bill.
  Mr. SMITH of New Jersey. Mr. Speaker, I thank my good friend for 
yielding. I thank Mr. Wilson for his great work, and I want to thank my 
distinguished colleagues on both sides of the aisle, Eliot Engel and   
Michael McCaul. Thank you for your support in helping to get this 
legislation to the floor. I thank Chairman Keating, as well.
  Mr. Speaker, I urge swift enactment into law of this bipartisan bill 
called the Belarus Democracy Human Rights and Sovereignty Act of 2020, 
which I have introduced.
  And here is why this legislation is absolutely needed right now; not 
next year, not when we come back, hopefully the Senate will take it up 
if it passes today, and I think it will, but we need this right now.
  Many of my colleagues know, and perhaps they know it well, that 
Belarus was perhaps the nation most mired in the Soviet past, with an 
inefficient economy and a strongman autocrat, really a dictator, in 
charge for over two and a half decades, Alexander Lukashenko. Yet the 
indomitable spirit of freedom stirred among the people of Belarus, and 
when a patently false election--another one--was announced on August 9 
declaring Lukashenko the winner, the people took to the streets. And 
they are still on the streets today.
  The OSCE Moscow Mechanism reported November 5 that there is 
``'overwhelming' evidence that Belarus' August 9 presidential election 
results were falsified and as `systematic' human rights violations have 
been committed by the country's security forces in response to the 
peaceful demonstrations that the vote sparked.''
  Now, reports out of Belarus indicate that police are using 
increasingly violent tactics against these peaceful protesters.
  The BBC summed it up yesterday in an article titled, ``Belarus 
protesters battered, bruised, but defiant after 100 days,'' which said 
in part, ``opposition protesters remain defiant in Belarus despite 
police brutality, 100 days after they first took to the streets to 
denounce the reelection of President Alexander Lukashenko. Police in 
helmets and body armour throw women holding flowers and balloons into 
police vans.''
  And, of course, then it only gets worse. ``Officers tear-gas elderly 
people on a pensioners' march. . . .
  ``Yet every Sunday thousands still pour into the streets of the 
capital Minsk, condemning what they see as Mr. Lukashenko's fraudulent 
9 August victory. . . . `'
  There is a report that points out, again a BBC report, ``Alesya, a 
31-year-old worker in the IT industry, regularly attends the Sunday 
rallies. On 15 November, however, things turned nasty very quickly.
  ``When she arrived at the square,'' she said, ``where the march was 
supposed to start, it was already packed with security forces. As more 
people gathered, officers fired stun grenades and started hitting 
people with batons to disperse the crowd.
  ``They attacked us again and again. It was awful. They ferociously 
beat people, twisted their arms and took them away.
  ``She ran away into one of the courtyards following other protesters, 
but police in their minivans quickly caught up with them even there. 
She was saved,'' she goes on, ``by a stranger who hid her and several 
others in his house.''

                              {time}  1530

  She goes on to say, ``It was like World War II, when people tried to 
hide Jews from the Nazis. It was terrifying, we were shocked.''
  That particular march was called in memory of Roman Bondarenko, an 
activist who was so severely beaten while in detention, that he died in 
the hospital just last week.
  Mr. Speaker, the Congress can and we must do our part in this crisis. 
The people of Belarus, especially the pro-democracy leaders, 
desperately need our help, and they need it right now.
  As my colleagues know, the leading opposition presidential candidate, 
Svetlana Tsikhanouskaya, almost certainly won the election in August. 
She went on to form the Coordination Council.
  The democratic opposition is united, it is smart, it is principled, 
tenacious, and it is extraordinarily brave.
  Ms. Tsikhanouskaya ran a courageous campaign, but today is in exile 
in Lithuania, in Vilnius, where she continues to rally the Belarusian 
people and the world and demand that democracy and human rights for all 
people be given to her nation.
  A couple weeks ago I read portions of a transcript of a hearing I 
chaired in 2011 after another fraudulent Belarusian election put 
Lukashenko back in power. Then as now, and on so many other occasions, 
Lukashenko's bullies beat, jailed, assaulted, tortured, raped, and 
killed peaceful protesters, but now it is going on right as we meet 
here today as never before.
  The big mistake of the past, fatigue or lack of commitment and 
perseverance by the international community, can't be repeated this 
time. We can't be outraged at first and then turn the page and say, 
``Now what?''
  We need to have a determined effort to help these people who are 
struggling for democracy and human rights in their nation.
  On two separate occasions, I would note parenthetically, I met with 
Lukashenko in Minsk and came away resolved to accelerate the struggle 
for democracy and freedom.
  I was with a group of 11 Members, including some of our members on 
the committee, and he pointed to me, because I am the author of the 
Belarus Democracy Act of 2004, and said, ``There is public enemy number 
one.''
  That is how he thinks. Anybody who aspires for freedom and democracy, 
particularly against his brutal regime, is construed to be a public 
enemy. And for the people of Belarus, they go to jail, where they are 
beaten senselessly.
  Our bipartisan bill, H.R. 8438, again, cosponsored by Mr. Engel, Mr. 
McCaul, Mr. Keating, Mr. Kinzinger, and so many other Members of this 
House, updates, strengthens, and expands the Belarus Democracy Acts of 
2004, 2006, and 2011, laws that I also authored, and renews the 
personal, economic, and visa sanctions on an expanded list of actors in 
the Belarusian Government, and now for the first time on Russian 
individuals complicit in this crackdown.
  I would note parenthetically, the Magnitsky Act, the idea of 
personally sanctioning with visa denial as well as economic sanctions 
on individuals that led to the Global Magnitsky Act came out of the 
Belarus Democracy Act of 2004.
  So it is an idea, it is a method of holding those who commit these 
abuses personally accountable.
  When you sanction an entire nation, that has an impact, but innocent 
people do get hurt. This sanctions the individuals who are perpetrators 
of these heinous crimes.
  Yesterday, Svetlana again called for the sanctions, just yesterday 
for the sanctions that are embedded in our bill. So the time to act is 
now.
  The bill also has other provisions. It does call for new elections.
  It recognizes the Coordination Council as a legitimate institution to 
participate in a dialogue on a peaceful transition of power. They are 
the ones we need to be talking to.
  It calls for the release of all political prisoners, and that number 
rises by the day.
  It supports the aspirations of the people to exercise their religious 
freedom. There has been a crackdown there as well.
  It authorizes assistance to promote democracy in civil society in 
Belarus. On occasions in Minsk, I have met with those individuals. They 
are brave beyond words, because they always know somebody is lurking--
the secret police--just waiting to haul them off to prison.
  It unequivocally states that it is the policy of the U.S. ``not to 
recognize any incorporation of Belarus into a `Union State' with 
Russia.'' Russia is using this crisis as a pretext to further manifest 
their monopoly of power. They would love--like they did in parts of 
Ukraine, South Ossetia, Abkhazia--to just take the whole of Belarus 
into their national boundary.
  The bill requires the U.S. strategy to promote broadcasting, internet 
freedom, and access to information.

[[Page H5920]]

  In addition, it gives much needed support to the Belarusian media and 
to the IT sector.
  By passing this bill today followed by, hopefully, swift approval in 
the Senate and signature into law by the President, we not only 
reiterate, but significantly expand our support and solidarity with the 
great people of Belarus. We need to pass this bill and I respectfully 
call on our Senate colleagues to pass it as well.
  Mr. ESPAILLAT. Mr. Speaker, I reserve the balance of my time.
  Mr. WILSON of South Carolina. Mr. Speaker, again, there being no 
further speakers, I yield myself such time as I may consume.
  Mr. Speaker, for over 3 months, we have watched, being inspired, as 
the Belarusian people have peacefully demanded that their voices be 
heard and that new, free, and fair elections be held.
  As we have seen, women dressed in white and carrying flowers have 
formed miles-long solidarity chains to protest police violence. 
Employees at state-run companies have gone on strike, despite the 
threat of losing their jobs. University students have risked expulsion 
to join the protests. State TV anchors have walked off the set, no 
longer able to support the regime's propaganda campaign. Thousands of 
courageous pensioners have marched in opposition to the Belarusian 
dictator.
  Today, led by the very talented and visionary Congressman Chris 
Smith, we must stand and send a strong message to these brave men and 
women that they are not alone and that the American people stand with 
them.
  Mr. Speaker, I urge my colleagues to support this bill, and I yield 
back the balance of my time.
  Mr. ESPAILLAT. Mr. Speaker, again, let me thank Mr. Smith and other 
colleagues who have worked so hard on this bill.
  Mr. Speaker, I urge a ``yes'' vote, and I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Espaillat) that the House suspend the 
rules and pass the bill, H.R. 8438, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________