[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8329 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8329
To reauthorize and modify the Belarus Democracy Act of 2004.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2024
Mr. Smith of New Jersey (for himself, Mr. Keating, Mr. Kean of New
Jersey, Ms. Kaptur, and Mr. Wilson of South Carolina) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committees on Financial Services, and the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reauthorize and modify the Belarus Democracy Act of 2004.
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, Human Rights, and
Sovereignty Act of 2024''.
SEC. 2. FINDINGS.
Section 2 of the Belarus Democracy Act of 2004 (Public Law 108-347;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 2. FINDINGS.
``Congress finds the following:
``(1) The International Covenant on Civil and Political
Rights, done in New York December 19, 1966, was ratified by
Belarus in 1973, guaranteeing Belarusians the freedom of
expression and the freedom of association.
``(2) Alyaksandr Lukashenka has ruled Belarus as an
undemocratic dictatorship since the first presidential election
in Belarus in 1994, and subsequent presidential elections have
been neither free nor fair, failing to meet minimal
international electoral standards.
``(3) In response to the repression and violence during the
2006 presidential election, Congress passed the Belarus
Democracy Reauthorization Act of 2006 (Public Law 109-480).
``(4) In 2006, President George W. Bush issued Executive
Order 13405, titled `Blocking Property of Certain Persons
Undermining Democratic Processes or Institutions in Belarus',
which authorized the imposition of sanctions against persons
responsible for--
``(A) undermining democratic processes in Belarus;
or
``(B) participating in human rights abuses related
to political repression in Belarus.
``(5) In March 2011, the Senate unanimously passed Senate
Resolution 105, which--
``(A) condemned the December 2010 election in
Belarus as `illegitimate, fraudulent, and not
representative of the will or the aspirations of the
voters in Belarus'; and
``(B) called on the Lukashenka regime `to
immediately and unconditionally release all political
prisoners in Belarus who were arrested in association
with the December 19, 2010, election'.
``(6) The Government of Belarus continues to engage in a
pattern of clear and persistent gross violations of
internationally recognized human rights, and basic principles
of democratic governance.
``(7) The Government of Belarus continues to subject
thousands of pro-democracy political activists and peaceful
protesters to harassment, beatings, and imprisonment,
particularly as a result of their attempts to peacefully
exercise their right to freedom of assembly and association.
``(8) The Government of Belarus continues to suppress
independent media and journalists and to restrict access to the
internet, including social media and other digital
communication platforms, in violation of the right to freedom
of speech and expression of those dissenting from the
dictatorship of Alyaksandr Lukashenka.
``(9) The Government of Belarus continues a systematic
campaign of harassment, repression, and closure of
nongovernmental organizations, including independent trade
unions and entrepreneurs, creating a climate of fear that
inhibits the development of civil society and social
solidarity.
``(10) The Government of Belarus has pursued a policy
undermining the country's sovereignty and independence by
making Belarus' political, economic, cultural, and societal
interests subservient to those of Russia.
``(11) The Government of Belarus continues to reduce the
independence of Belarus through integration into a so-called
`Union State' that is under the control of Russia.
``(12) In advance of the August 2020 presidential elections
in Belarus, authorities acting on behalf of President
Lukashenka arrested journalists, bloggers, political activists,
and the leading political opposition candidates, leading to
demonstrations in support of democracy.
``(13) On August 9, 2020, the Government of Belarus
conducted a presidential election that was held under
undemocratic conditions, did not meet international standards,
involved government malfeasance and serious irregularities with
ballot counting and the reporting of election results, and
included restrictive measures that impeded the work of local
independent observers and did not provide sufficient notice to
the Organization for Security and Cooperation in Europe (OSCE)
to allow for the OSCE to monitor the elections, as is
customary.
``(14) Illegitimate president Alyaksandr Lukashenka
declared a landslide victory in the election and claimed to
have received more than 80 percent of the votes cast in the
election.
``(15) The leading opposition candidate, Sviatlana
Tsikhanouskaya, formally disputed the reported results and was
detained by government authorities before being forced into
exile in Lithuania.
``(16) Later in August, 2020, the United States Deputy
Secretary of State, Stephen Biegun, and European Union High
Representative for Foreign and Security Policy, Josep Borrell,
issued statements declaring the Belarus elections to be
fraudulent and neither free nor fair.
``(17) Following the illegitimate election results, tens of
thousands of Belarusian protestors took to the streets, led
predominately by women, resulting in the largest protest
rallies in Belarus' modern history, with over 1,400 reported as
injured by Belarusian police in August and September 2020, over
37,000 detained by May 2021, and several killed for protesting
the fraudulent election.
``(18) The Government of Belarus has consistently
restricted the free flow of information to silence the
opposition and to conceal the regime's violent crackdown on
peaceful protestors, including through the suppression of
independent media and journalists, and disruption of free
internet access.
``(19) After the employees of state media outlets walked
off the job in protest rather than help report misleading
government propaganda, Lukashenka confirmed that he `asked the
Russians' to send teams of Russian journalists to replace local
employees.
``(20) Following Alyaksandr Lukashenka's September 23,
2020, inauguration, the United States, the European Union,
numerous European states, the United Kingdom, and Canada
announced that they cannot consider Mr. Lukashenka as the
legitimately elected leader of Belarus.
``(21) As a result of the Lukashenka regime's violence
against the Belarusian people and deprivation of their
fundamental rights, the United States Congress passed and the
President signed into law the Belarus Democracy, Human Rights,
and Sovereignty Act of 2020 to demand the rights of the
Belarusian people be respected and to hold accountable those
who undermine them.
``(22) As a result of the Lukashenka regime's violence
against its own people, in December 2020, Members of Congress
and transatlantic parliamentarians wrote a letter to the
International Ice Hockey Federation President demanding the
Championship be relocated from Belarus.
``(23) In response to the Government of Belarus' repressive
actions following the 2020 election, the United States, along
with the European Union, imposed various sanctions packages on
individuals and entities involved with the suppression of
democracy in Belarus, including--
``(A) the Central Election Commission of the
Republic of Belarus and officials determined to be
responsible for undermining democracy in Belarus;
``(B) entities and persons determined to be
involved in the violent suppression of protestors, such
as the Minsk Special Purpose Police Unit, the Main
Internal Affairs Directorate of the Minsk City
Executive Committee, and KGB Alpha; and
``(C) state-owned enterprises that provide revenue
to support Lukashenka's authoritarian regime.
``(24) In April 2021, the House of Representatives passed
House Resolution 124 reaffirming that the August 2020 elections
were neither free nor fair and that the House of
Representatives does not recognize Alyaksandr Lukashenka as
Belarus' legitimate president.
``(25) On May 23, 2021, the Government of Belarus forced
Ryanair Flight 4978 to land in Belarus as it neared the border
of Lithuania after calling in a false bomb report and
subsequently arrested independent Belarusian opposition blogger
and political activist Raman Pratasevich and his girlfriend,
threatening the safety of every passenger aboard the civilian
flight, and ultimately detaining Pratasevich as a political
prisoner.
``(26) In May 2021, the European Union pledged a
comprehensive plan of economic support worth up to 3 billion
euros to assist in the development of a future, democratic
Belarus following a democratic transition.
``(27) As of April 2024, the Government of Belarus, led
illegally by Alyaksandr Lukashenka, unlawfully holds nearly
1,400 people as political prisoners, including dozens of
journalists such as Ihar Losik and Andrey Kuznechyk from Radio
Free Europe/Radio Liberty.
``(28) The Government of Belarus, led illegally by
Alyaksandr Lukashenka, has consistently weaponized migrants and
asylum seekers by transporting them to Belarus' borders with
the NATO and European Union countries of Latvia, Lithuania, and
Poland in an attempt to destabilize each country by creating
diplomatic border crises, and in violation of the migrant and
asylum seekers' human rights.
``(29) The Government of Belarus has been complicit in
Russia's illegal and full-scale invasion of Ukraine.
``(30) In advance of Russia's unprovoked war of aggression
against Ukraine, Alyaksandr Lukashenka opened Belarus' borders
to the Russian military, serving as a staging area, providing
bases for training and for launching air strikes and invasion
forces, and providing logistical support to the Russian
invasion force which attacked Ukraine in February 2022.
``(31) In February 2022, just days after Russia's
unprovoked invasion of Ukraine, Alyaksandr Lukashenka held a
constitutional referendum described by the Department of State
as `not free or fair' which, among other provisions, would
endow Lukashenka with lifetime immunity from prosecution for
his crimes, allow Russian nuclear weapons to be stationed on
the territory of Belarus, and formally revoke Belarus' status
as a neutral nation.
``(32) Since the start of Russia's brutal and unprovoked
war of aggression in Ukraine, the Government of Belarus has
consistently worked to further the so-called `Union State' with
the Russian Federation and deepen joint military and economic
ties to support Russia's war effort.
``(33) Throughout Russia's brutal and unprovoked war of
aggression in Ukraine, the Government of Belarus has
participated in the abduction and illegal deportation of
Ukrainian civilians from territory occupied by the Russian
Federation, including thousands of children sent to facilities
in Belarus for `re-education' as detailed in a November 2023
report by the Yale University Humanitarian Research Lab's
Conflict Observatory.
``(34) The now-suspended Belarusian branch of the Red Cross
has publicly confirmed its involvement in transferring children
from Ukraine to the territory of Belarus, and the illegitimate
leader of the Government of Belarus, Alyaksandr Lukashenka, has
publicly confirmed that he permitted these transfers.
``(35) In Spring 2023, the Government of Belarus announced
plans for the deployment of nuclear weapons from the Russian
Federation to the territory of Belarus, which reportedly began
in the summer of this same year.
``(36) The Government of Belarus has harbored the Wagner
Group, a private military company the United States has
designated as a Transnational Criminal Organization, and
provided facilities, resources, and a staging ground for the
group's criminal operations.
``(37) The Government of Belarus has reportedly provided
the Government of the Russian Federation with tens of thousands
of tons of ammunition throughout Russia's unprovoked war of
aggression in Ukraine.
``(38) As a result of the Government of Belarus' support to
the Russian Federation during its unprovoked war of aggression
against Ukraine, the United States, the European Union, and the
United Kingdom have repeatedly issued further sanctions
packages against the Lukashenka regime to target Belarusian
military officers as well as individuals in the military
sector, restrictions on entities in Belarus' defense and
industrial sectors, and entities that provide support to
Belarus' military and industrial sectors.
``(39) The Government of Belarus is reportedly engaging in
the purchase of significant amount of military equipment from
the sanctioned Islamic Republic of Iran.
``(40) On August 6, 2023, the Belarusian democratic
opposition issued a declaration expressing their objective of
developing democracy in Belarus and pursuing membership in the
European Union and, by extension, joining the Trans-Atlantic
community.
``(41) The democratic opposition of Belarus have called on
the Government of Belarus, led illegally by Alyaksandr
Lukashenka, to end its complicity and involvement in the war in
Ukraine, and urged against the conscription of men into the
Belarusian military.
``(42) On February 28, 2022, the Department of State
ordered the departure of United States Government employees and
the suspension of operations of the United States Embassy in
Minsk.
``(43) On August 21, 2023, the United States Government
directed all United States citizens to leave Belarus
immediately due to the illegitimate Belarusian authorities'
continued cooperation with the Russian military and
facilitation of Russia's unprovoked war of aggression against
Ukraine, and the risk of detention and arbitrary enforcement of
local laws against United States citizens.
``(44) In September 2023, the Government of Belarus
deprived Belarusians living abroad of their ability to renew
their passports through Belarusian embassies in an attempt to
make life difficult for and to force exiles, critics, and
expats to return to Belarus for document renewal and possibly
face persecution.
``(45) In December 2023, the United States Government held
a Strategic Dialogue with the Belarusian democratic opposition
and civil society and subsequently announced a continuation of
efforts to hold Alyaksandr Lukashenka and his regime
accountable for their crimes, a commitment to supporting
Belarusian culture, sovereignty, and national identity, as well
as the need for future working groups with the democratic
opposition.''.
SEC. 3. STATEMENT OF POLICY.
Section 3 of the Belarus Democracy Act of 2004 (Public Law 108-347;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 3. STATEMENT OF POLICY.
``It is the policy of the United States--
``(1) to condemn--
``(A) the conduct of the August 9, 2020,
presidential election in Belarus, which was neither
free nor fair;
``(B) the Belarusian authorities' unrelenting
crackdown on, arbitrary arrests of, and violence
against opposition candidates, democratic opposition,
peaceful protestors, human rights activists, employees
from state-owned enterprises participating in strikes,
independent election observers, and independent
journalists and bloggers; and
``(C) the unjustified detention and forced or
attempted deportation of members of the Coordination
Council and United Transitional Cabinet in Belarus;
``(2) to condemn the illegitimate Belarusian authorities'
allowance of Russian nuclear weapons to be deployed to
Belarusian territory, their continued political and material
support for Russia's unprovoked war of aggression in Ukraine,
and their continued participation in abducting and deporting
Ukrainian children from territory occupied by the Russian
Federation to the territory of Belarus;
``(3) to condemn the presence of Russian forces on
Belarusian territory and demand the cessation of the use of
Belarusian territory by Russian forces as a staging ground for
Russia's illegal, full-scale war of aggression against Ukraine
or for the prevention of a peaceful democratic transition in
Belarus;
``(4) to demand accountability for the illegal Lukashenka
regime's complicity in the crime of aggression against Ukraine
through international justice mechanisms;
``(5) to condemn the weaponization of migrants wherein the
Government of Belarus, led illegally by Alyaksandr Lukashenka,
has sent thousands of migrants to the borders of Poland and
Lithuania in an attempt to destabilize the border region;
``(6) to continue demanding the immediate release without
preconditions of all political prisoners in Belarus and those
arrested for peacefully protesting, including all those
individuals detained in connection with the August 9, 2020,
fraudulent presidential election;
``(7) to stand in solidarity with the people of Belarus,
including human rights defenders, bloggers, and journalists,
who are exercising their right to freedom of assembly, freedom
of expression, and rule of law and to continue supporting the
aspirations of the people of Belarus for democracy, human
rights, and the rule of law;
``(8) to continue actively supporting the aspirations of
the people of the Republic of Belarus to preserve the
independence and sovereignty of their country;
``(9) to continue refusing to recognize Alyaksandr
Lukashenka's illegitimate regime and to continue supporting
calls for Belarusian presidential and parliamentary elections
to be conducted in a manner that is free and fair according to
Organization for Security and Cooperation in Europe (OSCE)
standards and under the supervision of OSCE observers and
independent domestic observers, including in the 2025
presidential elections;
``(10) to continue calling for the Government of Belarus to
fulfill its freely undertaken obligations as an OSCE
participating state and as a signatory of the Charter of the
United Nations;
``(11) to recognize the Coordination Council and the United
Transitional Cabinet as legitimate institutions to participate
in a dialogue on a peaceful transition of power, and to support
these institutions prior to and during such a transition should
it take place;
``(12) to condemn the deprivation of consular services to
Belarusian citizens living abroad, including representatives of
the Belarusian democratic opposition, and urge the United
States to raise this to the United Nations High Commissioner
for Refugees, the International Organization for Migration, the
Council of Europe, and the Organization for Security and
Cooperation in Europe;
``(13) to encourage the United States Government to
continue working closely with the European Union, the United
Kingdom, Canada, and other countries and international
organizations to continue to impose targeted sanctions against
officials in Belarus who are responsible for--
``(A) undermining democratic processes in Belarus;
``(B) participating in gross violations of
internationally recognized human rights related to
political repression in Belarus and undermining rule of
law for the people of Belarus; or
``(C) enabling or facilitating Russia's war in
Ukraine;
``(14) to call on the Government of Belarus to uphold its
human rights obligations, including those rights enumerated in
the International Covenant on Civil and Political Rights;
``(15) to encourage the United States to expeditiously
appoint a U.S. Special Envoy for Belarus to fill the role
vacated in June 2022; and
``(16) to support the use of the Strategic Dialogue between
the United States Government as a means of furthering ties
between the United States Government and the representatives of
the democratic opposition of Belarus in pursuit of objectives,
including--
``(A) accountability for the Lukashenka regime's
gross violations of internationally recognized human
rights and domestic repressions;
``(B) increasing partnerships with the Belarusian
people by supporting investments such as the United
States Agency for International Development's dedicated
Belarus Country Representative Office in Vilnius,
Lithuania; and
``(C) initiating cultural programming dedicated to
protecting Belarusian language, culture, and national
identity.''.
SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL SOCIETY, AND SOVEREIGNTY
IN BELARUS.
Section 4 of the Belarus Democracy Act of 2004 (Public Law 108-347;
22 U.S.C. 5811 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, the United
Transitional Cabinet, and the Coordination Council''
after ``the Republic of Belarus''; and
(B) by adding at the end the following:
``(5) To assist in the cessation of Belarus' support for
the Government of Russia in Russia's unprovoked war of
aggression in Ukraine.'';
(2) in subsection (b), by adding at the end before the
period the following ``, including political party
strengthening'';
(3) by amending subsection (c) to read as follows:
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) include--
``(1) expanding independent radio and television
broadcasting to and within Belarus;
``(2) facilitating the development of independent
broadcast, print, and internet media working within Belarus and
from locations outside the country and supported by nonstate-
controlled printing facilities;
``(3) countering internet censorship and repressive
surveillance technology that seek to limit free association,
control access to information, and prevent citizens from
exercising their rights to free speech;
``(4) raising awareness both within Belarus and globally
about Lukashenka's complicity in Russia's unprovoked war of
aggression in Ukraine, including how the Lukashenka regime is
providing support to the Russian military and committing crimes
against Ukrainian children;
``(5) aiding the development of civil society through
assistance to nongovernmental organizations promoting democracy
and supporting human rights, including youth groups,
entrepreneurs, and independent trade unions;
``(6) supporting programming that contributes to the
defense of Belarusian sovereignty and independence from
encroachment by the Russian Federation;
``(7) supporting the work of human rights defenders;
``(8) enhancing the development of democratic political
parties;
``(9) assisting the promotion of free, fair, and
transparent electoral processes;
``(10) enhancing international exchanges and advanced
professional training programs for leaders and members of the
democratic opposition in skill areas central to the development
of civil society;
``(11) supporting the work of women advocating for freedom,
human rights, and human progress in Belarus given the
significant and vital role women have played in the Belarus
democracy movement;
``(12) supporting the development of Belarusian language
and cultural education and exchanges to preserve and protect
Belarusian national identity;
``(13) supporting further iterations of the Strategic
Dialogue between the United States and the Belarusian
democratic opposition and civil society as a platform to work
on issues of mutual concern;
``(14) enhancing the development of the private sector,
particularly the information technology sector, and its role in
the economy of Belarus, including by increasing the capacity of
private sector actors, developing business support
organizations, offering entrepreneurship training, and
expanding access to finance for small and medium enterprises;
``(15) supporting political refugees in neighboring
European countries fleeing the crackdown in Belarus;
``(16) supporting the education of Belarusians in exile;
``(17) supporting the gathering of evidence on and
investigating of gross violations of internationally recognized
human rights in Belarus; and
``(18) other activities consistent with the purposes of
this Act.'';
(4) in subsection (f)--
(A) by striking ``the Belarus Democracy, Human
Rights, and Sovereignty Act of 2020'' and inserting
``the Belarus Democracy, Human Rights, and Sovereignty
Act of 2024''; and
(B) by adding at the end before the period the
following: ``as well as the methodology and benchmarks
used to assess the effectiveness of such funds''; and
(5) by amending subsection (g) to read as follows:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the President to carry out this section--
``(1) for fiscal year 2025 an amount equal to not less than
the amount made available to carry out this section for fiscal
year 2024; and
``(2) for fiscal year 2026 an amount equal to not less than
the amount made available to carry out this section for fiscal
year 2025.''.
SEC. 5. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND ACCESS TO
INFORMATION IN BELARUS.
Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Sense of Congress.--'';
(B) in paragraph (4), by striking ``and'' at the
end;
(C) in paragraph (5), by striking the period at the
end and inserting the following: ``and advocate for the
release of journalists that are detained by political
reasons; and''; and
(D) by adding at the end the following:
``(6) the United States should also support independent
media outlets and other sources of information in providing
accurate and truthful information about Russia's unprovoked war
of aggression in Ukraine, and the illegitimate Lukashenka
regime's complicity in Russia's crimes of aggression.''; and
(2) by striking subsection (b).
SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
Section 6 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) in subsection (a)--
(A) by striking ``The sanctions'' and inserting the
following:
``(1) In general.--The sanctions''; and
(B) by adding at the end the following:
``(2) Maintenance of existing sanctions.--
``(A) In general.--Any sanctions imposed pursuant
to the Executive orders described in subparagraph (B)
that were imposed in connection with conduct relating
to, concerning, or occurring in Belarus should remain
in effect 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 (c).
``(B) Executive orders described.--The Executive
orders described in this subparagraph are the
following:
``(i) Executive Order 13405 (71 Fed. Reg.
35485; relating to blocking property of certain
persons undermining democratic processes or
institutions in Belarus).
``(ii) Executive Order 14024 (86 Fed. Reg.
20249; relating to blocking property with
respect to specified harmful foreign activities
of the Government of the Russian Federation).
``(iii) Executive Order 14038 (86 Fed. Reg.
43905; relating to blocking property of
additional persons contributing to the
situation in Belarus).'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``subsection (a)'' and inserting ``paragraphs
(1) and (2) of subsection (a)'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3), (4), and (5)
as paragraphs (2), (3), and (4), respectively; and
(D) by adding at the end the following:
``(5) The withdrawal of the armed forces of the Russian
Federation from the Republic of Belarus and the cessation of
Belarusian support for the Russian Federation's war against
Ukraine.
``(6) The return of all Ukrainian children abducted and
deported to Belarus from the territory of Ukraine illegally
occupied by the Russian Federation.'';
(3) in subsection (c)--
(A) in the subsection heading, by striking
``Complicit in the Crackdown That Occurred After the
August 9, 2020, Election'';
(B) in the matter preceding paragraph (1), by
striking ``may'' and inserting ``shall'';
(C) in paragraph (2), by striking ``inadmissible
under'' and inserting ``described in'';
(D) in paragraph (4), by adding at the end before
the semicolon the following: ``, or future elections in
Belarus should they be determined to be neither free
nor fair'';
(E) in paragraph (5), by adding at the end before
the semicolon the following: ``, or future elections in
Belarus should they be determined to be neither free
nor fair'';
(F) by striking paragraphs (6), (7), (8), and (9)
and inserting the following:
``(6) is a government official or member of the security or
law enforcement services of Belarus and has participated in the
persecution or harassment of religious groups, human rights
defenders, democratic opposition groups, or independent media
or journalists;
``(7) is an individual determined by the President to be
interfering in the internal affairs of the Republic of Belarus
on behalf of or at the direction of the Government of the
Russian Federation;
``(8) is an official who provides for, facilitates, or
otherwise enables or engages with the abduction and deportation
of Ukrainian children from territories illegally occupied by
the Russian Federation to the territory of Belarus;
``(9) is an official who provides for, facilitates, or
otherwise enables the Russian Federation to use the territory
or Belarus to further its unprovoked invasion of Ukraine;
``(10) is an official of the so-called `Union State'
between Russia and Belarus (regardless of nationality of the
individual) or works toward the furtherance of such Union
State; or
``(11) is a Russian individual that has significantly
participated in the crackdown on independent press or human
rights abuses related to political repression in Belarus,
including the Russian propagandists sent to replace local
employees at Belarusian state media outlets.'';
(4) by amending subsection (f) to read as follows:
``(f) Blocking of Assets and Other Prohibited Activities.--
``(1) Mandatory sanction.--The President shall impose the
sanction described in paragraph (3) with respect to each
foreign person that the President determines--
``(A) is a member of the Central Election
Commission of Belarus or assisted the Commission in
manipulating elections in Belarus including the
presidential election of August 9, 2020;
``(B) is a government official or member of the
security or law enforcement services of Belarus and has
participated in the persecution or harassment of
religious groups, human rights defenders, democratic
opposition groups, or independent media or journalists;
``(C) is an individual determined by the President
to be knowingly interfering in the internal affairs of
the Republic of Belarus on behalf of or at the
direction of the Government of the Russian Federation;
``(D) is an official who knowingly engages in the
abduction and deportation of Ukrainian children from
territories illegally occupied by the Russian
Federation to the territory of Belarus;
``(E) is an official who knowingly supports and
provides for, the Russian Federation's use of the
territory or Belarus to further its unprovoked invasion
of Ukraine; or
``(F) is an official in the so-called `Union State'
between Russia and Belarus (regardless of nationality
of the individual) or works toward the furtherance of
such `Union State'.
``(2) Discretionary sanction.--The President may impose the
sanction described in paragraph (3) with respect to each
foreign person that the President determines--
``(A) holds a position in the senior leadership of
the Government of Belarus;
``(B) is an immediate family member of a person
described in subparagraph (A); or
``(C) through his or her business dealings with a
person described in subparagraph (A) derives
significant financial benefit from policies or actions,
including electoral fraud, gross violations of
internationally recognized human rights, or corruption,
that undermine or injure democratic institutions or
impede the transition to democracy in Belarus.
``(3) Sanction described.--The President shall exercise all
of the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
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.
``(4) Exceptions.--
``(A) Exception relating to the provision of
humanitarian assistance.--The sanction described in
paragraph (3) may not be imposed with respect to
transactions or the facilitation of transactions for--
``(i) the sale of agricultural commodities,
food, medicine, or medical devices;
``(ii) the provision of humanitarian
assistance;
``(iii) financial transactions relating to
humanitarian assistance; or
``(iv) transporting goods or services that
are necessary to carry out operations relating
to humanitarian assistance.
``(B) Exception for intelligence, law enforcement,
and national security activities.--The sanction
described in paragraph (3) shall not apply to any
authorized intelligence, law enforcement, or national
security activities of the United States.
``(5) Waiver.--The President may, on a case-by-case basis
and for periods not to exceed 180 days each, waive the
application of the sanction described in paragraph (3) imposed
with respect to a foreign person under this subsection 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 important to the national security interests
of the United States.
``(6) Penalties.--Any person who violates, attempts to
violate, or causes a violation of this subsection or any
regulation, license, or order issued to carry out this
subsection shall be subject to the penalties under section 206
of the International Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that commits an unlawful
act under that Act (50 U.S.C. 1701 et seq.).
``(7) Definitions.--In this subsection--
``(A) the term `air carrier' has the meaning given
that term in section 40102 of title 49, United States
Code;
``(B) the term `foreign person' means a person that
is not a United States person; and
``(C) the term `United States person' means--
``(i) any United States citizen or alien
admitted for permanent residence to the United
States;
``(ii) any entity organized under the laws
of the United States; and
``(iii) any person in the United States.''.
SEC. 7. MULTILATERAL COOPERATION.
Section 7 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) to halt the Government of Belarus, led illegally by
Alyaksandr Lukashenka, from supporting and assisting the
Russian Federation's unprovoked war of aggression against
Ukraine including the abduction and deportation of Ukrainian
children.''.
SEC. 8. REPORTS.
Section 8 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) by striking subsection (a);
(2) by redesignating subsection (b) as subsection (a);
(3) in subsection (a) (as so redesignated)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``the Belarus Democracy, Human
Rights, and Sovereignty Act of 2020'' and
inserting ``the Belarus Democracy, Human
Rights, and Sovereignty Act of 2024''; and
(ii) in subparagraph (B), by adding at the
end before the period the following: ``, and
whether the United States has imposed sanctions
with respect to such senior foreign political
figures'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2); and
(4) by adding at the end the following:
``(b) Report on Crimes and Other Actions Committed by Belarus in
Support of Russia's Unprovoked War of Aggression in Ukraine.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Belarus Democracy, Human Rights, and
Sovereignty Act of 2024, the Director of National Intelligence,
in consultation with the Secretary of the Treasury and the
Secretary of State, shall submit to the appropriate
congressional committees a report on the following:
``(A) An assessment of the Russian military
presence in Belarus, including the presence of Russian
nuclear forces, and the impact this presence has on
North Atlantic Treaty Organization (NATO) security.
``(B) The degree to which the Government of
Belarus, led illegally by Alyaksandr Lukashenka,
continues to provide support to and harbor the forces
of the Wagner Group or other Russian paramilitary
groups and enables their destabilizing actions on the
borders of NATO allies, such as Latvia, Lithuania, and
Poland.
``(C) Which actors in the Government of Belarus,
led illegally by Alyaksandr Lukashenka, are most
responsible for the illegal abduction and deportation
of Ukrainian children from Ukrainian territory occupied
by the Russian Federation to the territory of Belarus,
as well as to what extent organizations such as the
now-suspended Belarus branch of the Red Cross are
involved in these transfers, and provide a strategy for
holding those involved in these crimes accountable
including through the use of sanctions.
``(D) The degree to which the Government of
Belarus, led illegally by Alyaksandr Lukashenka has
purchased weapons from the governments of the Russian
Federation and the Islamic Republic of Iran, and
whether any purchases of such weapons violate the
provisions of section 107 or 231 of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C.
9406 or 9525).
``(E) The extent to which the Government of
Belarus, led illegally by Alyaksandr Lukashenka, is
aiding the Russian Federation is circumventing export
controls and evading sanctions, including with an
accounting and estimated value of dual-use goods and an
identification of the officials or other persons
involved in facilitating this sanctions evasion.
``(F) The impact of the Government of Belarus' use
of illegal migrants to destabilize the borders of NATO
countries, such as Latvia, Lithuania, and Poland, on
NATO security.
``(2) Form.--The report required under this subsection
shall be transmitted in unclassified form, but may contain a
classified annex.''.
SEC. 9. DEFINITIONS.
Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) in paragraph (3)(A), by adding at the end before the
semicolon the following: ``, led illegally by Alyaksandr
Lukashenka''; and
(2) by adding at the end the following:
``(4) Union state.--The term `Union State' means the
supranational union of the Republic of Belarus and the Russian
Federation as outlined in the December 1999 Treaty on the
establishment of the Union State between the governments of the
Republic of Belarus and the Russian Federation.''.
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