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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4115 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4115

  To condition the lifting of sanctions on Serbia and Montenegro upon 
            improvements in Kosova, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 1994

   Mr. Engel (for himself, Ms. Molinari, Mr. Serrano, Mr. King, Mrs. 
Lowey, and Mr. Olver) introduced the following bill; which was referred 
  jointly to the Committees on Foreign Affairs, Banking, Finance and 
           Urban Affairs, and Public Works and Transportation

_______________________________________________________________________

                                 A BILL

 
  To condition the lifting of sanctions on Serbia and Montenegro upon 
            improvements in Kosova, and for other purposes.

    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 ``Kosova Peace and Democracy Act of 
1994''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The political rights of the Albanian majority in Kosova 
        were curtailed in 1989 when the former Yugoslav Government in 
        Belgrade illegally amended the Yugoslav federal constitution, 
        revoking Kosova's autonomous status.
            (2) In September 1990, a referendum on the question of 
        independence for Kosova was held in which 87 percent of those 
        eligible to participate voted, and 99 percent of those voting 
        supported independence for Kosova.
            (3) In May 1992, a Kosovar national parliament was elected 
        and Dr. Ibrahim Rugova was overwhelmingly elected President of 
        the Republic of Kosova.
            (4) The government in Belgrade has not allowed the new 
        Kosovar government to assemble on Kosovar territory.
            (5) Credible reports of Serbian ``ethnic cleansing'' in 
        Kosova have been received by the United Nations Special 
        Rapporteur on Human Rights, and Serbian leader Slobodan 
        Milosevic has called for the transfer of ethnic Albanians from 
        their homes in Kosova to areas outside of Kosovar territory and 
        their replacement by Serbs.
            (6) Since 1990, tens of thousands of Kosovars of Albanian 
        origin have been dismissed from their jobs solely on the basis 
        of their ethnicity.
            (7) Reports of brutal beatings of ethnic Albanians in 
        Kosova by the mostly Serbian police are received almost daily.
            (8) The government in Belgrade has severely restricted the 
        access of ethnic Albanians in Kosova to all levels of education 
        solely on the basis of their ethnicity.
            (9) All forms of the media in Kosova, especially those in 
        the Albanian language, are strictly controlled by the 
        government in Belgrade and dissenting political views are 
        systematically deleted from all forms of the media.
            (10) Under the ``Special Measures'' decree adopted in 1991, 
        the government in Belgrade intentionally undermined the 
        independent character of the judiciary of Kosova by dismissing 
        hundreds of ethnic Albanian judges, replacing them with Serbs 
        or Montenegrins, and changing the official court language to 
        Serbian, which is not native to the Albanian majority.
            (11) Those expressing political views in opposition to the 
        current government are frequently jailed and tortured while in 
        prison by Serbian authorities, and occasional deaths of 
        detainees have been reported.
            (12) Conference on Security and Cooperation in Europe 
        observers dispatched to Kosova in 1991, were expelled by the 
        government in Belgrade in July 1993.
            (13) Following the departure of such observers, several 
        international human rights organizations, including Amnesty 
        International, Human Rights Watch, and the Helsinki Federation 
        for Human Rights, have documented an increase in humanitarian 
        abuses in Kosova.
            (14) The economy of Kosova is under severe pressure caused 
        by the combination of the closing of small businesses by 
        Serbian authorities and the effect of international sanctions.
            (15) Radio Free Europe recently began broadcasts to the 
        former Yugoslavia in Serbian and Croatian, but not in Albanian.
            (16) Congress has provided for the opening of a United 
        States Information Agency cultural center in Prishtina, Kosova, 
        in section 223 of the Foreign Relations Authorization Act, 
        Fiscal Years 1992 and 1993, but security conditions have 
        prevented the establishment of such center.
            (17) The closing of the airport in Prishtina, Kosova, 
        represents an obstacle to the delivery of humanitarian goods 
        into Kosova and a barrier to a return to normalcy.
            (18) The President has explicitly warned the government in 
        Belgrade that ``in the event of conflict in Kosova caused by 
        Serbian action, the United States will be prepared to employ 
        military force against the Serbs in Kosova and in Serbia 
        proper.''.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) ``ethnic cleansing'' and other acts of repression 
        against the citizens of Kosova by the government in Belgrade 
        must be halted immediately;
            (2) members of the elected government of Kosova should be 
        allowed to assemble and exercise their legitimate mandate as 
        elected representatives of the people of Kosova;
            (3) all individuals in Kosova whose employment was 
        terminated on the basis of their ethnicity should be reinstated 
        to their previous positions immediately;
            (4) the education system in Kosova should be reopened to 
        all residents of Kosova regardless of ethnicity, and the 
        majority ethnic Albanian population should be allowed to be 
        educated in its native tongue;
            (5) all decrees undermining the autonomous and indigenous 
        character of the Kosovar bar and judiciary should be reversed;
            (6) the right of the press and all forms of media in 
        Kosova, including those in the Albanian language, relating to 
        freedom of expression should be respected;
            (7) Conference on Security and Cooperation in Europe 
        observers, expelled by the government in Belgrade in July 1993, 
        should be readmitted to Kosova and their numbers expanded;
            (8) the United Nations should dispatch observers to Kosova 
        to monitor human rights and to limit violence;
            (9) the airport in Prishtina, Kosova should be reopened;
            (10) the United States Information Agency should open a 
        cultural center in Prishtina, Kosova, as provided in section 
        223 of the Foreign Relations Authorization Act, Fiscal Years 
        1992 and 1993, as soon as possible;
            (11) the ``no-fly-zone'', currently covering Bosnia, should 
        be expanded to cover Kosova;
            (12) the United States should reiterate warnings to the 
        government in Belgrade that it is prepared to respond with all 
        necessary means in the event that Serbia expands the military 
        conflict into Kosova; and
            (13) the North Atlantic Treaty Organization should develop 
        plans to halt the spread of the Balkan conflict to Kosova.

SEC. 4. PROHIBITION ON LIFTING OF SANCTIONS AGAINST SERBIA AND 
              MONTENEGRO UNTIL CERTAIN CONDITIONS MET.

    (a) Codification of Executive Branch Sanctions.--The sanctions 
imposed on Serbia and Montenegro, as in effect on the date of the 
enactment of this Act, that were imposed by or pursuant to the 
following directives of the executive branch shall (except as provided 
under subsection (e)) remain in effect until the President certifies to 
the Congress that the conditions described in subsection (d) have been 
met:
            (1) Executive Order 12808 of May 30, 1992, as continued in 
        effect on May 25, 1993.
            (2) Executive Order 12810 of June 5, 1992.
            (3) Executive Order 12831 of January 15, 1993.
            (4) Executive Order 12846 of April 25, 1993.
            (5) Department of State Public Notice 1427, effective July 
        11, 1991.
            (6) Proclamation 6389 of December 5, 1991 (56 Fed. Register 
        64467).
            (7) Department of Transportation Order 92-5-38 of May 20, 
        1992.
            (8) Federal Aviation Administration action of June 19, 1992 
        (14 C.F.R. Part 91).
    (b) Prohibition on Assistance.--No funds appropriated or otherwise 
made available by law may be obligated or expended on behalf of the 
government of Serbia or the government of Montenegro until the 
President certifies to the Congress that the conditions described in 
subsection (d) have been met.
    (c) International Financial Institutions.--The Secretary of the 
Treasury shall instruct the United States executive director of each 
international financial institution to use the voice and vote of the 
United States to oppose any assistance from that institution to the 
government of Serbia or the government of Montenegro, except for basic 
human needs, until the President certifies to the Congress that the 
conditions described in subsection (d) have been met.
    (d) Conditions Described.--The conditions described in this 
subsection are the following:
            (1) There is substantial progress toward the restoration of 
        the independent identity and autonomy of Kosova.
            (2) There is substantial improvement in the human rights 
        situation in Kosova, including improvement in those factors 
        listed in paragraphs (5) through (11) of section 2.
            (3) International human rights observers are allowed to 
        return to Kosova.
            (4) The elected government of Kosova is permitted to meet 
        and carry out its legitimate mandate as elected representatives 
        of the people of Kosova.
    (e) Waiver Authority.--
            (1) In general.--The President may waive or modify the 
        application, in whole or in part, of any sanction described in 
        subsection (a), the prohibition in subsection (b), or the 
        requirement in subsection (c).
            (2) Certification.--Such a waiver or modification may only 
        be effective upon certification by the President to Congress 
        that the President has determined that the waiver or 
        modification is necessary--
                    (A) to meet emergency humanitarian needs; or
                    (B) to achieve a negotiated settlement of the 
                conflict in Kosova that is acceptable to the parties.

SEC. 5. PROGRAMMING BY RADIO FREE EUROPE AND RADIO LIBERTY IN THE 
              ALBANIAN LANGUAGE TO KOSOVA, THE FORMER YUGOSLAV REPUBLIC 
              OF MACEDONIA, AND OTHER AREAS.

    Not later than 3 months after the date of enactment of this Act, 
the Chairman of the Board for International Broadcasting shall submit 
to the Congress a plan, together with a detailed budget, for the 
establishment of a surrogate home service under the auspices of Radio 
Free Europe/Radio Liberty for Albanian populations living in Kosova and 
other areas of the former Yugoslavia. Such service shall be in the 
Albanian language and shall be broadcast not less than one hour per 
day.

                                 <all>
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