text: 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.
target: 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.
feat_title: Kosova Peace and Democracy Act of 1994