[Congressional Record (Bound Edition), Volume 150 (2004), Part 15]
[House]
[Pages 20607-20611]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     BELARUS DEMOCRACY ACT OF 2004

  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I move to suspend the 
rules and pass the bill (H.R. 854) to provide for the promotion of 
democracy, human rights, and rule of law in the Republic of Belarus and 
for the consolidation and strengthening of Belarus sovereignty and 
independence, as amended.
  The Clerk read as follows:

                                H.R. 854

       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 Act of 
     2004''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The United States supports the promotion of democracy, 
     respect for human rights, and the rule of law in the Republic 
     of Belarus consistent with its commitments as a participating 
     state of the Organization for Security and Cooperation in 
     Europe (OSCE).
       (2) The United States has a vital interest in the 
     independence and sovereignty of the Republic of Belarus and 
     its integration into the European community of democracies.
       (3) In November 1996, Lukashenka orchestrated an illegal 
     and unconstitutional referendum that enabled him to impose a 
     new constitution, abolish the duly-elected parliament, the 
     13th Supreme Soviet, install a largely powerless National 
     Assembly, and extend his term of office to 2001.
       (4) Democratic forces in Belarus have organized peaceful 
     demonstrations against the Lukashenka regime in cities and 
     towns throughout Belarus which led to beatings, mass arrests, 
     and extended incarcerations.
       (5) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka, 
     who have been leaders and supporters of the democratic forces 
     in Belarus, and Dmitry Zavadsky, a journalist known for his 
     critical reporting in Belarus, have disappeared and are 
     presumed dead.
       (6) Former Belarus Government officials have come forward 
     with credible allegations and evidence that top officials of 
     the Lukashenka regime were involved in the disappearances.
       (7) The Belarusian authorities have mounted a major 
     systematic crackdown on civil society through the closure, 
     harassment, and repression of nongovernmental organizations, 
     and independent trade unions.
       (8) The Belarusian authorities actively suppress freedom of 
     speech and expression, including engaging in systematic 
     reprisals against independent media.
       (9) The Lukashenka regime has reversed the revival of 
     Belarusian language and culture, including through the 
     closure of the National Humanities Lyceum, the last remaining 
     high school where classes were taught in the Belarusian 
     language.
       (10) The Lukashenka regime harasses the autocephalic 
     Belarusian Orthodox Church, the Roman Catholic Church, the 
     Jewish community, the Hindu Lights of Kalyasa community, 
     evangelical Protestant churches (such as Baptist and 
     Pentecostal groups), and other minority religious groups.
       (11) The Law on Religious Freedom and Religious 
     Organizations, passed by the National Assembly and signed by 
     Lukashenka on October 31, 2002, establishes one of the most 
     repressive legal regimes in the OSCE region, severely 
     limiting religious freedom and placing excessively burdensome 
     government controls on religious practice.
       (12) The parliamentary elections of October 15, 2000, and 
     the presidential election of September 9, 2001, were 
     determined to be fundamentally unfair and nondemocratic.
       (13) The Government of Belarus has made no substantive 
     progress in addressing criteria established by the OSCE in 
     2000, ending repression and the climate of fear, permitting a 
     functioning independent media, ensuring transparency of the 
     elections process, and strengthening of the functions of 
     parliament.

     SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN 
                   BELARUS.

       (a)  Purposes of Assistance.--The assistance under this 
     section shall be available for the following purposes:
       (1) To assist the people of the Republic of Belarus in 
     regaining their freedom and to enable them to join the 
     European community of democracies.
       (2) To encourage free and fair presidential, parliamentary, 
     and local elections in Belarus, conducted in a manner 
     consistent with internationally accepted standards and under 
     the supervision of internationally recognized observers.
       (3) To assist in restoring and strengthening institutions 
     of democratic governance in Belarus.
       (b) Authorization for Assistance.--To carry out the 
     purposes of subsection (a), the President is authorized to 
     furnish assistance and other support for the activities 
     described in subsection (c), to be provided primarily for 
     indigenous Belarusian groups that are committed to the 
     support of democratic processes.
       (c) Activities Supported.--Activities that may be supported 
     by assistance under subsection (b) include--
       (1) the observation of elections and the promotion of free 
     and fair electoral processes;
       (2) development of democratic political parties;
       (3) radio and television broadcasting to and within 
     Belarus;
       (4) the development of nongovernmental organizations 
     promoting democracy and supporting human rights;
       (5) the development of independent media working within 
     Belarus and from locations outside the country and supported 
     by nonstate-controlled printing facilities;

[[Page 20608]]

       (6) international exchanges and advanced professional 
     training programs for leaders and members of the democratic 
     forces in skill areas central to the development of civil 
     society; and
       (7) other activities consistent with the purposes of this 
     Act.
       (d) Authorization of Appropriations.--
       (1) In general.-- There are authorized to be appropriated 
     to the President to carry out this section such sums as may 
     be necessary for each of the fiscal years 2005 and 2006.
       (2) Availability of funds.--Amounts appropriated pursuant 
     to the authorization of appropriations under paragraph (1) 
     are authorized to remain available until expended.

     SEC. 4. RADIO BROADCASTING TO BELARUS.

       (a) Purpose.--It is the purpose of this section to 
     authorize increased support for United States Government and 
     surrogate radio broadcasting to the Republic of Belarus that 
     will facilitate the unhindered dissemination of information.
       (b) Authorization of Appropriations.--In addition to such 
     sums as are otherwise authorized to be appropriated, there 
     are authorized to be appropriated such sums as may be 
     necessary for fiscal year 2005 and each subsequent fiscal 
     year for radio broadcasting to the people of Belarus in 
     languages spoken in Belarus.

     SEC. 5. SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST 
                   BELARUS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the sanctions described in subsection (c) should apply with 
     respect to the Republic of Belarus until the President 
     determines and certifies to the appropriate congressional 
     committees that the Government of Belarus has made 
     significant progress in meeting the conditions described in 
     subsection (b).
       (b)  Conditions.--The conditions referred to in subsection 
     (a) are the following:
       (1) The release of individuals in Belarus who have been 
     jailed based on political or religious beliefs.
       (2) The withdrawal of politically motivated legal charges 
     against all opposition figures and independent journalists in 
     Belarus.
       (3) A full accounting of the disappearances of opposition 
     leaders and journalists in Belarus, including Victor Gonchar, 
     Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and 
     the prosecution of those individuals who are responsible for 
     their disappearances.
       (4) The cessation of all forms of harassment and repression 
     against the independent media, independent trade unions, 
     nongovernmental organizations, religious organizations 
     (including their leadership and members), and the political 
     opposition in Belarus.
       (5) The implementation of free and fair presidential and 
     parliamentary elections in Belarus consistent with OSCE 
     commitments.
       (c)  Prohibition on Loans and Investment.--
       (1) United states government financing.--No loan, credit 
     guarantee, insurance, financing, or other similar financial 
     assistance should be extended by any agency of the United 
     States Government (including the Export-Import Bank and the 
     Overseas Private Investment Corporation) to the Government of 
     Belarus, except with respect to the provision of humanitarian 
     goods and agricultural or medical products.
       (2) Trade and development agency.--No funds available to 
     the Trade and Development Agency should be available for 
     activities of the Agency in or for Belarus.
       (d) Multilateral Financial Assistance.--It is further the 
     sense of Congress that, in addition to the application of the 
     sanctions described in subsection (c) to the Republic of 
     Belarus (until the President determines and certifies to the 
     appropriate congressional committees that the Government of 
     Belarus has made significant progress in meeting the 
     conditions described in subsection (b)), the Secretary of the 
     Treasury should instruct the United States Executive Director 
     of each international financial institution to which the 
     United States is a member to use the voice and vote of the 
     United States to oppose any extension by those institutions 
     of any financial assistance (including any technical 
     assistance or grant) of any kind to the Government of 
     Belarus, except for loans and assistance that serve 
     humanitarian needs.

     SEC. 6. MULTILATERAL COOPERATION.

       It is the sense of Congress that the President should 
     continue to seek to coordinate with other countries, 
     particularly European countries, a comprehensive, 
     multilateral strategy to 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.

     SEC. 7. REPORT.

       (a)  Report.-- Not later than 90 days after the date of the 
     enactment of this Act, and not later than 1 year thereafter, 
     the President shall transmit to the appropriate congressional 
     committees a report that describes, with respect to the 
     preceding 12-month period, and to the extent practicable the 
     following:
       (1) The sale or delivery of weapons or weapons-related 
     technologies from the Republic of Belarus to any country, the 
     government of which the Secretary of State has determined, 
     for purposes of section 6(j)(1) of the Export Administration 
     Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly 
     provided support for acts of international terrorism.
       (2) An identification of each country described in 
     paragraph (1) and a detailed description of the weapons or 
     weapons-related technologies involved in the sale.
       (3) An identification of the goods, services, credits, or 
     other consideration received by Belarus in exchange for the 
     weapons or weapons-related technologies.
       (4) The personal assets and wealth of Aleksandr Lukashenka 
     and other senior leadership of the Government of Belarus.
       (b) Form.--A report transmitted pursuant to subsection (a) 
     shall be in unclassified form but may contain a classified 
     annex.

     SEC. 8. DECLARATION OF POLICY.

        Congress hereby--
       (1) calls upon the Lukashenka regime to cease its 
     persecution of political opponents or independent journalists 
     and to release those individuals who have been imprisoned for 
     opposing his regime or for exercising their right to freedom 
     of speech;
       (2) expresses its grave concern about the disappearance of 
     Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenko, and 
     Dmitry Zavadsky and calls upon the Lukashenka regime to 
     cooperate fully with the Belrussian civil initiatve ``We 
     Remember'' and to extend to this organization all necessary 
     information to find out the truth about the disappearances;
       (3) calls upon the the Lukashenka regime to cooperate fully 
     with the Parliamentary Assembly of the Council of Europe 
     (PACE) and its specially appointed representatives in matters 
     regarding the resolution of the cases of the disappeared; and
       (4) commends the democratic opposition in Belarus for their 
     commitment to participate in October 2004 Parliamentary 
     elections as a unified coalition and for their courage in the 
     face of the repression of the Lukashenka regime in Belarus.

     SEC. 9. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations of the House of Representatives 
     and the Committee on Foreign Relations of the Senate.
       (2) OSCE.--The term ``OSCE'' means the Organization for 
     Security and Cooperation in Europe.
       (3) Senior leadership of the government of belarus.--The 
     term ``senior leadership of the Government of Belarus'' 
     includes--
       (A) the President, Prime Minister, Deputy Prime Ministers, 
     government ministers, Chairmen of State Committees, and 
     members of the Presidential Administration of Belarus;
       (B) any official of the Government of Belarus who is 
     personally and substantially involved in the suppression of 
     freedom in Belarus, including judges and prosecutors; and
       (C) any other individual determined by the Secretary of 
     State (or the Secretary's designee) to be personally and 
     substantially involved in the formulation or execution of the 
     policies of the Lukashenka regime that are in contradiction 
     of internationally recognized human rights standards.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Virginia (Mrs. Jo Ann Davis) and the gentleman from Florida (Mr. 
Wexler) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Virginia (Mrs. Jo Ann 
Davis).


                             General Leave

  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on H.R. 854.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Virginia?
  There was no objection.
  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I rise in support of H.R. 854 and would like to commend 
the gentleman from New Jersey (Mr. Smith) for his tireless efforts in 
support of democracy worldwide, and in this case in Belarus.
  Belarus is perhaps the last country in Europe to embrace democracy. 
In just 2 weeks that nation will hold important elections for 
parliament in what will be a litmus test for President Lukashenko's 
commitment to democracy and the direction he intends to take Belarus in 
the future. I regret that the political situation there at the moment 
does not look very promising.
  In June, the House overwhelmingly passed H. Res. 624, introduced by 
our former colleague Doug Bereuter, which emphasizes that if Belarus is 
ever to become more integrated into the Western community of nations, 
it must

[[Page 20609]]

work towards the establishment of a genuinely democratic political 
system in which the freedom of association and assembly are guaranteed, 
where political candidates from the opposition will be free from 
political harassment and intimidation as they campaign for office, and 
in which the media are free to act independently, free from government 
control or intimidation, where there exists a system in which elections 
and the electoral process are open, transparent and fair.
  For all of these reasons, it was important that the Congress 
emphatically express our strong support for free, fair and transparent 
elections and more definitive progress towards establishing a 
functioning democracy in Belarus.
  The bill we have before us today provides a mechanism by which we can 
influence that progress. H.R. 854 would authorize assistance for 
democracy promotion, for building strong democratic institutions, radio 
broadcasting, and the development of an independent media. But we know 
how the current government feels about these matters, and we anticipate 
a lack of cooperation. So the bill also provides a series of sanctions 
which could be implemented if certain conditions in Belarus are not 
adequately addressed or resolved.
  I would also note that in Europe, the situation in Belarus is of 
equal concern. The OSCE, the OSCE Parliamentary Assembly and the 
Parliamentary Assembly of the Council of Europe have all expressed deep 
concerns over Belarus and its elections.
  H.R. 854 rather precisely explains the concerns and recommendations 
of the United States Congress, and I urge adoption of this important 
bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WEXLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this bill.
  Mr. Speaker, first I would like to commend my friend and colleague 
from New Jersey (Mr. Smith) for being a stalwart supporter of democracy 
in Belarus and for his willingness to offer this legislation.
  Just a few months ago, this House passed an important resolution on 
the upcoming parliamentary elections in Belarus. This resolution, 
authored by our former colleague Doug Bereuter and myself, called upon 
the Government of Belarus to ensure that these important elections be 
conducted in a free and fair manner. Regrettably, since then, the 
political situation in Belarus has deteriorated, not improved.
  The dictatorial regime of Aleksandr Lukashenka continues to cling to 
power, using brutal force, intimidation, and illegal maneuvering to 
secure his reign. If Lukashenka succeeds, as he did in 1996 when he 
amended the constitution in a seriously flawed referendum, and as he 
did in 2001 when he extended his term in office through an election 
that was neither free nor fair, and as he did in 2003 when he similarly 
stole local elections, the United States Government must have a clear 
and effective strategy to promote human rights and democracy in 
Belarus.
  Our legislation directs the President to focus our assistance on core 
democracy programs in Belarus, namely, promotion of free elections, 
support for civil society, strengthening of democratic political 
parties, and support for independent media and international exchanges. 
Lukashenka's regime must understand that we will not forget the cause 
of human rights and democracy in Belarus, and that the United States 
and Belarus will not have a fully normal relationship until Belarus 
moves assertively towards a democratic form of government.
  Belarus is strategically located in Eastern Europe, bordering Poland 
and Lithuania, both members of NATO and the European Union, and Ukraine 
and Russia. We cannot afford to give up on the cause of democracy and 
freedom in Belarus.
  The Lukashenka regime is one of the most notorious human rights 
abusers in the world, routinely suppressing the rights of Belarusian 
citizens. The regime has been implicated in the political murders of 
its opponents, disappearances of opposition leaders, repression of 
independent media, harassment of NGOs, and other egregious violations 
of internationally recognized and accepted democratic norms.
  Lukashenka bears full responsibility for these abuses, as nothing in 
Belarus happens without his knowledge or full acquiescence. The United 
States, the European Union, member states of the Organization for 
Security and Cooperation in Europe, and international human rights NGOs 
have all called upon the Lukashenka dictatorship to end its human 
rights abuses and restore democracy to Belarus.
  Although the anti-Lukashenka forces in Belarus have boycotted 
previous elections, the opposition is participating in the upcoming 
elections and has united into a coalition of five democratic parties 
that will campaign as a block.
  Although this coalition faces an uphill battle, we should 
nevertheless commend the leaders and members of this coalition for 
their courage and determination to bring democracy to Belarus and 
provide them our unqualified support.
  In the congressional tradition of setting policy that has been 
instrumental in defeating dictatorships in Europe, Asia, and Africa, 
this legislation will promote democracy, human rights, and the rule of 
law and consolidate the independence and sovereignty of Belarus.
  I strongly support passage of this bill and urge my colleagues to do 
so as well.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I would like to commend my colleague, the gentleman from 
New Jersey (Mr. Smith), the sponsor of this bill, who works tirelessly 
to promote democracy over in Europe; and I am sorry he is not here to 
speak on this bill.
  Mr. SMITH of New Jersey. Mr. Speaker, I rise to urge passage of H.R. 
854, the Belarus Democracy Act. With important parliamentary elections 
in Belarus scheduled for October 17, it is essential that we pass the 
Belarus Democracy Act. This Congress must demonstrate its strong 
support for pro-democracy forces in Belarus and advance U.S. interests 
in the region. Now is the time to send a strong signal.
  Since his election in 1995, Belarusian dictator Alexander Lukashenka 
has steadily undermined democratic institutions through a series of 
unfair elections and a seriously flawed constitutional referendum. The 
U.S. State Department, Helsinki Commission which I Chair, as well as 
the OSCE, the OSCE Parliamentary Assembly, the United Nations, the 
Council of Europe, the European Union and other international entities 
have all chronicled the appalling state of human rights and democracy 
there. Located in the heart of Europe, Belarus is juxtaposed to our 
NATO allies and will soon border the European Union.
  The Lukashenka regime has repeatedly violated basic freedoms of 
speech, expression, assembly, association and religion. Since I 
introduced the Belarus Democracy Act last year, the situation in 
Belarus has only become more difficult.
  Just within the last few months, the independent media, non-
governmental organizations (NGOs), independent trade unions, religious 
groups, and democratic opposition leaders have faced increased 
harassment, arrest, detentions, and even violence. Opposition leaders 
have been imprisoned and beaten. NGOs have been closed down with 
increasing frequency. Independent media outlets continue to feel the 
wrath of the powers-that-be, including closures, defamation lawsuits, 
exorbitant fines, confiscations of newspapers or the suspension of 
their distribution, censorship and the deportation of an independent 
journalist from Ukraine who had lived in Belarus since 1990. 
Independent trade unions are subject to a pattern of obstruction, 
harassment and intimidation by the authorities.
  In short, the situation in Belarus continues its downward spiral with 
daily reports of growing repression and human rights violations.
  Here in Washington and at various OSCE Parliamentary Assembly 
meetings, I've had occasion to meet with the wives of the disappeared. 
The cases of their husbands--Yuri Zakharenka, Victor Gonchar, Anatoly 
Krasovsky, and journalist Dmitri Zavadsky who disappeared in 1999 and 
2000 and are presumed to have been murdered--are a stark illustration 
of the climate of fear that pervades

[[Page 20610]]

in Belarus. I am pleased that just last week the United States, 
together with the European Union, has decided to restrict admission to 
four top Belarusian officials implicated in these politically motivated 
disappearances. Reports of arms and weapons deals between the 
Belarusian regime and rogue states continue to circulate. Lukashenka 
and his regime were open in their support of Saddam Hussein. On August 
24, the Treasury Department charged that Infobank of Belarus has been 
involved with money laundering involving fraudulent transactions 
pertaining to Iraq, where funds laundered by Saddam Hussein's regime 
were derived from schemes to circumvent the UN Oil-for-Food program.


                           provisions of BDA

  Mr. Speaker, the main purpose of the BDA is to demonstrate U.S. 
support for those struggling to promote democracy and respect for human 
rights in Belarus despite the onerous pressures they face from the 
anti-democratic regime. This bill authorizes necessary assistance for 
democracy-building activities such as support for NGOs, independent 
media--including radio and television broadcasting to Belarus--and 
international exchanges.
  The bill also encourages free and fair parliamentary elections, 
conducted in a manner consistent with international standards--in sharp 
contrast to the 2000 parliamentary and 2001 presidential elections in 
Belarus which flaunted democratic standards. As a result of those 
elections, Belarus has the distinction of lacking legitimate 
presidential and parliamentary leadership, which contributes to its 
self-imposed isolation. Parliamentary elections now have an added 
dimension, with Lukashenka's September 7 announcement of a referendum 
to take place on the same day, that would pave the way to extend his 
rule beyond 2006, when his tenure is due to expire, to potentially join 
the ranks of ``presidents for life'' like President Niyazov in 
Turkmenistan and others in Central Asia.
  As matters stand now, the deck appears to be stacked in Lukashenka's 
favor, as the Belarusian Government has almost total control of the 
electoral process. Opposition parties have been allocated a negligible 
percentage of seats on district and precinct election commissions, and 
many candidates proposed by Belarusian democratic opposition parties 
have been denied registration. To their credit, the embattled 
opposition and non-governmental organizations have not given up. I have 
met with the leaders of the Belarusian opposition and have been 
impressed with their determination to participate in the coming 
elections and their courageous work to advance democracy, human rights 
and the rule of law, despite all of the obstacles placed in their way 
by the Lukashenka regime.
  In addition, this bill includes ``sense of Congress'' language that 
would impose sanctions against the Lukashenka regime. U.S. Government 
financing would be prohibited, except for humanitarian goods and 
agricultural or medical products. The U.S. Executive Directors of the 
international financial institutions would be encouraged to vote 
against financial assistance to the Government of Belarus except for 
loans and assistance that serve humanitarian needs. This bill also 
requires reports from the President concerning the sale or delivery of 
weapons or weapons-related technologies from Belarus to rogue states 
and on the personal assets and wealth of Lukashenka and other senior 
leadership in Belarus.
  I hope that the Belarus Democracy Act will help support those who 
desire a genuinely independent, democratic Belarus and serve as a 
catalyst to facilitate Belarus' integration into democratic Europe. The 
measure is designed to be a counterweight to the pattern of clear, 
gross and uncorrected human rights violations by the Lukashenka regime. 
The Belarusian people--who have suffered so much both under past and 
present dictatorships--deserve to live in a society where democratic 
principles and human rights are respected. We must stand firmly on the 
side of those who long for freedom.
  Mr. PALLONE. Mr. Speaker, I rise today to express my support for H.R. 
854, the Belarus Democracy Act of 2003. This important piece of 
legislation will take significant steps toward the democratization of 
Belarus and offer support for those living in the country and seeking a 
democratic process in fundamental areas such as elections, media and 
human rights. If passed, this bill will ensure that a fair and free 
electoral process will exist in the former Soviet state. In addition, 
this bill will work toward the development of a media that is non-state 
controlled and independent. Furthermore, this bill will establish 
training programs and methods of international exchange for the 
individuals that will advance the development of a democratic and civil 
society.
  By placing specific economic sanctions on Belarus, the United States 
will send a clear message that major democratic reforms must take place 
in order for the country to become an independent state that is 
integrated into Europe. I am in full support of H.R. 854, and I urge my 
fellow colleagues to vote in favor of this vital piece of legislation, 
which will go very far in assisting the democratization process in 
Belarus.
  Mr. HYDE. Mr. Speaker, I submit for the Record an exchange of letters 
concerning the bill H.R. 854 between the Chairman of the Committee on 
International Relations and the Chairman of the Committee on the 
Judiciary.

         Congress of the United States, Committee on International 
           Relations,
                                    Washington, DC, July 13, 2004.
     Hon. F. James Sensenbrenner, Jr.,
     Chairman, Committee on the Judiciary,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter concerning 
     H.R. 854, the ``Belarus Democracy Act of 2003,'' which was 
     referred primarily to the Committee on International 
     Relations and additionally to the Committees on the Judiciary 
     and Financial Services. This Committee ordered the bill 
     reported favorably on February 25, 2004.
       I concur that the referral to the Committee on the 
     Judiciary was based on Sec. 5(c), a sense of Congress 
     provision that the President should use his powers under the 
     Immigration and Nationality Act to deny entry to the United 
     States to the senior leadership of the Government of Belarus. 
     The manager's amendment which the Committee will call up does 
     not include Sec. 5(c) or any other provisions that fall 
     within the Rule X jurisdiction of the Committee on the 
     Judiciary.
       I appreciate your willingness to waive further 
     consideration of the bill in the Committee on the Judiciary 
     so that the bill may proceed expeditiously to the floor. I 
     concur, that in taking this action, your Committee's 
     jurisdiction over the bill is in no way diminished or 
     altered. I will, as you request, include this exchange of 
     letters in the Congressional Record during consideration of 
     the legislation on the House floor.
       I appreciate your cooperation in this matter.
           Sincerely,
                                                    Henry J. Hyde,
     Chairman.
                                  ____

                                    Congress of the United States,


                                   Committee on the Judiciary,

                                    Washington, DC, July 13, 2004.
     Hon. Henry Hyde,
     Chairman, Committee on International Relations, House of 
         Representatives, Washington, DC.
       Dear Chairman Hyde: I am writing regarding H.R. 854, the 
     ``Belarus Democracy Act of 2003'' which was referred 
     primarily to the Committee on International Relations and 
     additionally to the Committees on the Judiciary and Financial 
     Services. The Committee on International Relations ordered 
     the bill reported favorably on February 25, 2004, but as of 
     this time has not filed a report.
       The referral to the Committee on the Judiciary was based on 
     Sec. 5(c), a sense of Congress provision that the President 
     should use his powers under the Immigration and Nationality 
     Act to deny entry to the United States to the senior 
     leadership of the Government of Belarus. I understand that 
     you have indicated your willingness to take the bill to the 
     floor under suspension of the rules with a manager's 
     amendment that does not include Sec. 5(c) or any other 
     provisions that fall within the Rule X jurisdiction of the 
     Committee on the Judiciary.
       Based on your willingness to follow this course, I am 
     willing to waive further consideration of the bill in the 
     Committee on the Judiciary so that the bill may proceed 
     expeditiously to the floor. The Committee on the Judiciary 
     takes this action with the understanding that the Committee's 
     jurisdiction over the bill is in no way diminished or 
     altered. I would appreciate your including this letter and 
     your response in the Congressional Record during 
     consideration of the legislation on the House floor.
       I appreciate your cooperation in this matter.
           Sincerely,
                                      F. James Sensenbrenner, Jr.,
                                                         Chairman.
  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I have no further 
requests for time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Virginia (Mrs. Jo Ann Davis) that the House suspend 
the rules and pass the bill, H.R. 854, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

[[Page 20611]]



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