[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.

                          ____________________