[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.
____________________