[Congressional Record Volume 168, Number 150 (Monday, September 19, 2022)]
[House]
[Pages H7893-H7895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UPHOLDING THE DAYTON PEACE AGREEMENT THROUGH SANCTIONS ACT
Mr. MALINOWSKI. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 8453) to provide for the imposition of sanctions with
respect to foreign persons undermining the Dayton Peace Agreement or
threatening the security of Bosnia and Herzegovina, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 8453
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 ``Upholding the Dayton Peace
Agreement Through Sanctions Act''.
SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support Bosnia and Herzegovina's sovereignty,
territorial integrity, and multi-ethnic character;
(2) to back and bolster Bosnia and Herzegovina's progress
towards Euro-Atlantic integration;
(3) to encourage officials in Bosnia and Herzegovina to
resume institutional participation at all levels of
government to advance functionality and common-sense reforms
for greater prosperity and for Bosnia and Herzegovina to
obtain European Union candidate status;
(4) to push Bosnia and Herzegovina to implement the rulings
of the European Court of Human Rights;
(5) to advocate for robust participation in the October 2,
2022, general elections in Bosnia and Herzegovina;
(6) to utilize targeted sanctions against persons who
undermine the Dayton Peace Agreement and democratic
institutions, including by blocking, boycotting or not
recognizing the results of elections, in Bosnia and
Herzegovina to support peace and stability in that country;
(7) to urge the European Union to join the United States
and United Kingdom in sanctioning Milorad Dodik, a member of
the Presidency of Bosnia and Herzegovina, for his actions
that undermine the stability and territorial integrity of
Bosnia and Herzegovina;
(8) to expose and condemn the Government of Russia for its
role in fueling instability in Bosnia and Herzegovina and
undermining the Dayton Peace Agreement, the role of the
Office of the High Representative, and the European Union
Force in BiH's Operation Althea;
(9) to work with other regional States, including Serbia
and Croatia, to support the territorial integrity and
stability of Bosnia and Herzegovina; and
(10) to use its voice and vote at the United Nations, the
Peace Implementation Council and its Steering Board, and
other relevant international bodies to support the Office of
the High Representative.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN
PERSONS UNDERMINING THE DAYTON PEACE AGREEMENT
OR THREATENING THE SECURITY OF BOSNIA AND
HERZEGOVINA.
(a) Imposition of Sanctions.--
(1) List required.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter for
five years, the President shall submit to the appropriate
congressional committees a list of foreign persons that are
determined--
(A) to be responsible for or complicit in, or to have
directly or indirectly engaged in, any action or policy that
threatens the peace, security, stability, or territorial
integrity of Bosnia and Herzegovina, including actions that
seek to undermine the authority of Bosnia and Herzegovina's
state-level institutions, such as forming illegal parallel
institutions or actions that threaten the Office of the High
Representative;
(B) to be responsible for or complicit in, or to have
directly or indirectly engaged in, any action or policy that
undermines democratic processes or institutions in Bosnia and
Herzegovina;
(C) to be responsible for or complicit in, or to have
directly or indirectly engaged in, or to have attempted, a
violation of, or an act that has obstructed or threatened the
implementation of, the Dayton Peace Agreement or the
Conclusions of the Peace Implementation Conference Council
held in London in December 1995, including the decisions or
conclusions of the Office of the High Representative, the
Peace Implementation Council, or its Steering Board;
(D) to be a member, official, or senior leader of an
illegal parallel institution or any other institution that
engages in activities described in subparagraph (A), (B) or
(C), as determined by the Secretary of State;
(E) to be responsible for or complicit in, or to have
directly or indirectly engaged in, or attempted to engage in,
corruption related to Bosnia and Herzegovina, including
corruption by, on behalf of, or otherwise related to the
government in Bosnia and Herzegovina, or a current or former
government official at any level of government in Bosnia and
Herzegovina, such as the misappropriation of public assets,
expropriation of private assets for personal gain or
political purposes, corruption related to government
contracts or the extraction of natural resources or bribery;
(F) to be an adult family member of any foreign person
described in subparagraph (A), (B), (C), (D), or (E) unless
they have condemned the sanctionable activity and taken
tangible steps to oppose the activity;
(G) to have knowingly facilitated a significant transaction
or transactions for or on behalf of a foreign person
described in subparagraph (A), (B), (C), (D), or (E);
(H) to be owned or controlled by, or to have acted or
purported to act for or on behalf of, directly or indirectly,
a foreign person described in subparagraph (A), (B), (C),
(D), or (E); or
(I) to have knowingly materially assisted, sponsored, or
provided financial, material, or technological support for,
or goods or services to or in support of, a foreign person
described in subparagraph (A), (B), (C), (D), or (E).
(2) Imposition of sanctions.--Upon the submission of each
list required by paragraph (1), the President shall impose
the sanctions described in subsection (c) with respect to
each foreign person identified on the list.
(b) Additional Measure Relating to Facilitation of
Transactions.--The Secretary of the Treasury may, in
consultation with the Secretary of State, prohibit or impose
strict conditions on the opening or maintaining in the United
States of a correspondent account or payable-through account
by a foreign financial institution that the President
determines has, on or after the date of the enactment of this
Act, knowingly conducted or facilitated a significant
transaction or transactions on behalf of a foreign person on
the list required by subsection (a)(1).
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Property blocking.--Notwithstanding the requirements of
section 202 of the International Emergency Economic Powers
Act (50 U.S.C. 1701), the President may exercise of all
powers granted to the President by that Act to the extent
necessary to block and prohibit all transactions in all
property and interests in property of the foreign person if
such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
(2) Aliens inadmissible for visas, admission, or parole.--
(A) In general.--An alien on the list required by
subsection (a)(1) is--
(i) inadmissible to the United States;
(ii) ineligible for a visa or travel to the United States;
and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular officer, the
Secretary of State, or the Secretary of Homeland Security (or
a designee of one of such Secretaries) shall, in accordance
with section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), revoke any visa or other entry documentation
issued to an alien on the list required by subsection (a)(1)
regardless of when the visa or other entry documentation is
issued.
(ii) Effect of revocation.--A visa or other entry
documentation revoked under clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(d) Exceptions.--
(1) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under subsection (c)(2) shall not apply
with respect to the admission of an alien to the United
States if the admission of the alien is necessary to permit
the United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, the
Convention on Consular Relations, done at Vienna April 24,
1963, and entered into force March 19, 1967, or other
applicable international obligations.
(3) Exception relating to the provision of humanitarian
assistance.--Sanctions under this section may not be imposed
with respect to transactions or the facilitation of
transactions for--
[[Page H7894]]
(A) the sale of agricultural commodities, food, medicine,
or medical devices;
(B) the provision of humanitarian assistance;
(C) financial transactions relating to humanitarian
assistance or for humanitarian purposes; and
(D) transporting goods or services that are necessary to
carry out operations relating to humanitarian assistance or
humanitarian purposes.
(e) Waiver.--The President may, on a case-by-case basis and
for periods not to exceed 180 days each, waive the
application of sanctions or restrictions imposed with respect
to a foreign person under this section if the President
certifies to the appropriate congressional committees not
later than 15 days before such waiver is to take effect that
the waiver is vital to the national interest of the United
States.
(f) Regulations.--
(1) In general.--The President shall, not later than 180
days after the date of the enactment of this Act, prescribe
regulations as necessary for the implementation of this Act.
(2) Notification to congress.--Not later than 10 days
before the prescription of regulations under paragraph (1),
the President shall notify the appropriate congressional
committees regarding the proposed regulations and the
provisions of this Act that the regulations are implementing.
(g) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this Act.
(h) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations prescribed to carry out
this Act to the same extent that such penalties apply to a
person that commits an unlawful act described in subsection
(a) of such section 206.
(i) Termination of Sanctions.--The President may terminate
the application of sanctions under this section with respect
to a foreign person if the President determines and reports
to the appropriate congressional committees not later than 15
days before the termination of the sanctions that--
(1) credible information exists that the foreign person did
not engage in the activity for which sanctions were imposed;
(2) the foreign person has been prosecuted appropriately
for the activity for which sanctions were imposed; or
(3) the foreign person has credibly demonstrated a
significant change in behavior, has paid an appropriate
consequence for the activity for which sanctions were
imposed, and has credibly committed to not engage in an
activity described in subsection (a)(1) in the future.
(j) Sunset.--The authority to impose sanctions under this
section shall terminate on the date that is five years after
the date of enactment of this Act.
SEC. 4. CONSIDERATION OF CERTAIN INFORMATION IN IMPOSING
SANCTIONS.
(a) In General.--Not later than 60 days after receiving a
request from the chairman and ranking member of one of the
appropriate congressional committees with respect to whether
a person, foreign person, or foreign financial institution,
as the case may be, meets the criteria described in this Act,
Executive Order 14033 (86 Fed. Reg. 31079; relating to
blocking property and suspending entry into the United States
of certain persons contributing to the destabilizing
situation in the Western Balkans), or any Executive order
issued pursuant to this Act or under the Balkans regulatory
regime, the President shall--
(1) determine if the person, foreign person, or foreign
financial institution, as the case may be, meets such
criteria; and
(2) submit a classified or unclassified report to such
chairman and ranking member with respect to such
determination that includes a statement of whether or not the
President imposed or intends to impose sanctions with respect
to such person, foreign person, or foreign financial
institution.
(b) Sunset.--This section shall terminate on the date that
is five years after the date of enactment of this Act.
SEC. 5. EXCEPTION FOR IMPORTATION OF GOODS.
(a) Exception Relating to Importation of Goods.--The
authorities and requirements to impose sanctions under this
Act shall not include the authority or requirement to impose
sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or man-made substance, material, supply,
or manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. 6. DEFINITIONS.
In this Act:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(3) Correspondent account; payable-through account.--The
terms ``correspondent account'' and ``payable-through
account'' have the meanings given those terms in section
5318A of title 31, United States Code.
(4) Dayton peace agreement.--The term ``Dayton Peace
Agreement'', also known as the ``Dayton Accords'', means the
General Framework Agreement for Peace in Bosnia and
Herzegovina, initialed by the parties in Dayton, Ohio, on
November 21, 1995, and signed in Paris on December 14, 1995.
(5) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as
determined by the Secretary of the Treasury by regulation.
(6) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(7) Illegal parallel institution.--The term ``illegal
parallel institution'' means an agency, structure, or
instrumentality at the Republika Srpska entity level that
disrupts the authority of the state-level institutions of
Bosnia and Herzegovina and undermines its constitutional
order.
(8) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(9) Person.--The term ``person'' means an individual or
entity.
(10) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
to the United States for permanent residence;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 7. 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
Jersey (Mr. Malinowski) and the gentlewoman from Missouri (Mrs. Wagner)
each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. MALINOWSKI. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 8453, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. MALINOWSKI. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of H.R. 8453, the Upholding the
Dayton Peace Agreement Through Sanctions Act. I thank Representatives
Wild and Wagner for their dedicated efforts to introduce and move this
important bill.
Memories and horrific consequences of the Balkan wars of the 1990s
are with us all, those of us who experienced that war in the region and
those of us who worked on the ending of that war. I was one of those
people.
I was at the Dayton peace conference in 1995 as a young State
Department staffer and remember how close we came to failure and the
extraordinarily positive consequences of success: ending a war that
claimed 200,000 lives, reaffirming the centrality and importance of
American leadership in Europe and the importance of the NATO alliance,
and keeping the peace in the transatlantic community.
The fragile peace that we ushered in with the Dayton Accords was
meant to leave the threats of ethnic nationalism and demagoguery in the
past and to create a framework, as imperfect as it was, for cooperation
and, ultimately, the integration of those countries into European
institutions.
Well, some of those young countries have done as we hoped. They
successfully moved toward and integrated into the European Union and
NATO. Some have struggled on that path but are still striving for a
democratic and prosperous future.
Some of the problems that they still experience are internal of their
own making, but others are coming from outside actors, particularly
Russia and China, who see an interest and an opportunity to keep these
countries in chaos and limbo.
[[Page H7895]]
In 2 weeks, the people of Bosnia will head to the polls in decisive
elections that will determine their country's fate. However, in the
lead-up to and following the elections, there will be temptations to
break away from the Dayton Accords and the spirit of peace and
partnership that they represent. The citizens of Bosnia deserve better
from their leadership.
This legislation, which the House Committee on Foreign Affairs marked
up in July, is designed to hold the bad actors holding Bosnia back
accountable and to prevent others from hurting that country's chances
to enjoy a free and democratic future.
As we are learning from Putin's cruel and unjustified war on the
people and the very idea of Ukraine, peace and democracy are not
guaranteed but must be fostered and protected always.
Mr. Speaker, I reserve the balance of my time.
Mrs. WAGNER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 8453, the Upholding the
Dayton Peace Agreement Through Sanctions Act, my bipartisan bill
codifying key sanctions authorities that will help the United States
stave off a serious crisis in Bosnia and Herzegovina.
The country is headed into important general elections in just a few
short weeks on October 2, and time is running out to send a strong
deterrent message to bad actors intent on destabilizing the country.
Bosnia's democratic institutions, its territorial integrity, even the
Office of the High Representative, the independent body tasked with
implementing the Dayton Accords, are all at risk.
Peace in Bosnia came at a very steep price. Those who would threaten
the very foundations of the country must be held accountable.
The reckless secessionism and destabilizing actions of
ethnonationalist politicians like Milorad Dodik, the Serb member of
Bosnia's tripartite presidency, are extremely dangerous. The October
elections could be a critical flash point.
{time} 1430
It worries me tremendously to see Serb and Croat nationalist parties,
with the support of the ruthless Putin regime, working to roll back the
progress Bosnia has made.
We have a strong and vibrant Bosnian community in my hometown of St.
Louis, Missouri. Many of my constituents fled to the city during and
after the 1992 and 1995 Bosnian war in which more than 100,000--200,000
lost their lives. My constituents want to see their homeland prosper as
a unified, sovereign, and multi-ethnic state.
I cannot imagine the heartache they must feel when Dodik denies the
horrifying genocide committed by Serb troops against Bosniak Muslims at
Srebrenica, or when he threatens to lead the dissolution of Bosnia.
These actions are offensive to those who lost loved ones in the
Bosnian war, and they are profoundly dangerous to Bosnia's future.
It is imperative, Mr. Speaker, that the United States wield our
economic toolkit to deter threats to Bosnian sovereignty and
territorial integrity as the country navigates these challenges.
H.R. 8453 codifies and mandates key sanctions authorities to address
the political crisis and corruption in Bosnia. Ahead of the country's
October general election, this bill sends a critical signal to local
officials engaging in destabilizing and anti-democratic behavior, and
to Russia for its destructive influence, that the United States will
hold them accountable.
At this volatile moment, Bosnians need the United States House of
Representatives to stand in unequivocal support of their peaceful,
democratic future.
I appreciate the chair and ranking member's swift attention to this
urgently needed bill that I have the great honor of putting forward. I
also thank Representative Wild for working with me on this legislation.
I urge my colleagues to join me in supporting H.R. 8453, the
Upholding the Dayton Peace Agreement Through Sanctions Act.
Mr. Speaker, I reserve the balance of my time.
Mr. MALINOWSKI. Mr. Speaker, I reserve the balance of my time.
Mrs. WAGNER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, in closing, I thank Representative Wild for working with
me on this important legislation.
And as a guarantor of the Dayton Peace Agreement, the United States
cannot stand by while Bosnia and Herzegovina are threatened by
destabilizing ethnonationalist forces and Russia's destructive
influence.
This legislation sends an unmistakable message to any actor that
threatens the peace, security, and stability, or territorial integrity
of Bosnia. If such destabilizing behavior is not ceased, he or she will
be sanctioned. These sanctions will not be considered, nor deliberated
over, but mandated.
With the country's October election less than a month away, the time
for the U.S. House of Representatives to act is now. I urge my
colleagues to join me in supporting this bill.
Mr. Speaker, I yield back the balance of my time.
Mr. MALINOWSKI. Mr. Speaker, I yield myself such time as I may
consume for the purpose of closing.
Mr. Speaker, H.R. 8453, Upholding the Dayton Peace Agreement Through
Sanctions Act, will help prevent malevolent actors from undermining
peace and stability in Bosnia, to protect that country's free and
democratic future from efforts to unravel the Dayton Accords.
The progress made since the devastating Balkan wars of the 1990s must
be preserved. Efforts to provoke tensions must not and will not be
tolerated by the United States. Russia's war of choice in Ukraine has
showed us the consequences of a land war in Europe in the 21st century.
We cannot allow anything remotely similar to happen in the Balkans, and
I am confident that Congress and the administration will work together
to prevent that.
I once again thank my colleagues, Representatives Wild and Wagner,
for introducing H.R. 8453, and I hope my colleagues will join us in
supporting this bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Malinowski) that the House suspend the
rules and pass the bill, H.R. 8453, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________