article: 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.
summary: Kosova Peace and Democracy Act of 1994 - Expresses the sense of the Congress with respect to ethnic relations and human rights in Kosova. Continues specified sanctions imposed against Serbia and Montenegro until the President certifies to the Congress that: (1) there is progress toward restoration of the independent identity and autonomy of Kosova; (2) there is improvement in the human rights situation in Kosova; (3) international human rights observers are allowed to return to Kosova; and (4) the elected government of Kosova is permitted to meet. Prohibits any funding on behalf of Serbia and Montenegro until such conditions have been met. Directs the Secretary of the Treasury to instruct the U.S. executive directors of the international financial institutions to oppose assistance to Serbia or Montenegro, except for basic human needs, until such conditions have been met. Authorizes the President to waive or modify such sanctions, prohibitions, or conditions if necessary to meet emergency humanitarian needs or achieve a settlement of the conflict in Kosova acceptable to the parties. Directs the Chairman of the Board for International Broadcasting to submit a plan and a 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.