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 Organi-
zation 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 com-
munity of democracies.
(3) In November 1996, Lukashenka orches-
trated an illegal and unconstitutional referendum
that enabled him to impose a new constitution, abol-
ish 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 orga-
nized 
peaceful 
demonstrations 
against 
the
Lukashenka regime in cities and towns throughout
Belarus which led to beatings, mass arrests, and ex-
tended incarcerations.
(5) Victor Gonchar, Anatoly Krasovsky, and
Yuri Zakharenka, who have been leaders and sup-
porters of the democratic forces in Belarus, and
Dmitry Zavadsky, a journalist known for his critical
reporting in Belarus, have disappeared and are pre-
sumed dead.
(6) Former Belarus Government officials have
come forward with credible allegations and evidence
that top officials of the Lukashenka regime were in-
volved in the disappearances.
(7) The Belarusian authorities have mounted a
major systematic crackdown on civil society through
the closure, harassment, and repression of non-
governmental organizations, and independent trade
unions.
(8) The Belarusian authorities actively suppress
freedom of speech and expression, including engag-
ing 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 Ly-
ceum, 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 Pente-
costal groups), and other minority religious groups.
(11) The Law on Religious Freedom and Reli-
gious Organizations, passed by the National Assem-
bly and signed by Lukashenka on October 31, 2002,
establishes one of the most repressive legal regimes
in the OSCE region, severely limiting religious free-
dom 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 estab-
lished by the OSCE in 2000, ending repression and
the climate of fear, permitting a functioning inde-
pendent media, ensuring transparency of the elec-
tions 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 pur-
poses:
(1) To assist the people of the Republic of
Belarus in regaining their freedom and to enable
them to join the European community of democ-
racies.
(2) To encourage free and fair presidential,
parliamentary, and local elections in Belarus, con-
ducted in a manner consistent with internationally
accepted standards and under the supervision of
internationally recognized observers.
(3) To assist in restoring and strengthening in-
stitutions 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 pro-
motion 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 organi-
zations 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;
(6) international exchanges and advanced pro-
fessional 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 sec-
tion such sums as may be necessary for each of the
fiscal years 2005 and 2006.
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated pursuant to the authorization of appropria-
tions 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 addi-
tion to such sums as are otherwise authorized to be appro-
priated, there are authorized to be appropriated such sums
as may be necessary for fiscal year 2005 and each subse-
quent 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 Con-
gress 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 con-
gressional committees that the Government of Belarus has
made significant progress in meeting the conditions de-
scribed in subsection (b).
(b) CONDITIONS.—The conditions referred to in sub-
section (a) are the following:
(1) The release of individuals in Belarus who
have been jailed based on political or religious be-
liefs.
(2) The withdrawal of politically motivated legal
charges against all opposition figures and inde-
pendent journalists in Belarus.
(3) A full accounting of the disappearances of
opposition leaders and journalists in Belarus, includ-
ing Victor Gonchar, Anatoly Krasovsky, Yuri
Zakharenka, and Dmitry Zavadsky, and the prosecu-
tion of those individuals who are responsible for
their disappearances.
(4) The cessation of all forms of harassment
and repression against the independent media, inde-
pendent trade unions, nongovernmental organiza-
tions, religious organizations (including their leader-
ship and members), and the political opposition in
Belarus.
(5) The implementation of free and fair presi-
dential and parliamentary elections in Belarus con-
sistent with OSCE commitments.
(c) PROHIBITION ON LOANS AND INVESTMENT.—
(1) UNITED
STATES
GOVERNMENT
FINANC-
ING.—No loan, credit guarantee, insurance, financ-
ing, or other similar financial assistance should be
extended by any agency of the United States Gov-
ernment (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 Agen-
cy 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 ap-
plication 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 fi-
nancial 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 assist-
ance (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, par-
ticularly European countries, a comprehensive, multilat-
eral strategy to further the purposes of this Act, including,
as appropriate, encouraging other countries to take meas-
ures with respect to the Republic of Belarus that are simi-
lar 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 re-
spect 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 pro-
vided 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 tech-
nologies.
(4) The personal assets and wealth of Alek-
sandr Lukashenka and other senior leadership of the
Government of Belarus.
(b) FORM.—A report transmitted pursuant to sub-
section (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 exer-
cising their right to freedom of speech;
(2) expresses its grave concern about the dis-
appearance 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 co-
operate fully with the Parliamentary Assembly of the
Council of Europe (PACE) and its specially ap-
pointed representatives in matters regarding the res-
olution of the cases of the disappeared; and
(4) commends the democratic opposition in
Belarus for their commitment to participate in Octo-
ber 2004 Parliamentary elections as a unified coali-
tion and for their courage in the face of the repres-
sion of the Lukashenka regime in Belarus.
SEC. 9. DEFINITIONS.
In this Act:
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Re-
lations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) OSCE.—The term ‘‘OSCE’’ means the Or-
ganization 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, Chair-
men of State Committees, and members of the
Presidential Administration of Belarus;
(B) any official of the Government of
Belarus who is personally and substantially in-
volved 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 contradic-
tion of internationally recognized human rights
standards.
Passed the House of Representatives October 4,
2004.
Attest:
Clerk.