Section 1. Short title
This Act may be cited as the Backing the Agreed-upon Compromises by Kosovo Imposed by the Negotiated Guarantees of the 2013 Brussels Agreement or the BACKING the 2013 Brussels Agreement Act.
Section 2. Findings
Congress finds the following:
(1) In 2013, the European Union moderated talks between Kosovo and Serbia to normalize relations between the two countries which required—
(A) the establishment of an Association/Community of Serb-majority Municipalities to ensure the rights of Kosovo Serbs;
(B) one police force for all of Kosovo, with regional commanders in Serb-majority areas to be a Kosovo Serb chosen from a list provided by the municipality; and
(C) Kosovo Serbs comprise a majority of certain judicial panels in Serb-majority areas.
(2) After a decade, the Association/Community of Serb-majority Municipalities has still not been created by Kosovo in violation of the 2013 Brussels Agreement.
(3) Kosovo Serbs are frustrated by the lack of progress in establishing this Association/Community of Serb-majority Municipalities and as a result protested local elections in April 2023.
(4) In Serb-majority municipalities the turnout rate reached only 3.39 percent, with most voters being Kosovo Albanians.
(5) Despite the lack of turnout, Kosovo Albanian mayors were installed by special police, in violation of the 2013 Brussels Agreement.
(6) The United States has provided Kosovo with over $2,000,000,000 in foreign aid since 1999.
(7) As the United States Ambassador to Kosovo, Jeffrey Hovenier, put it, this aid was to ensure that all Kosovans can access effective and accountable services from their institutions, are empowered to demand accountability for these services, and can thrive through strong economic and democratic opportunities.
(8) Despite this intention, Kosovo has repeatedly discriminated against Kosovo Serbs including—
(A) repossessing cars with Serbian license plates;
(B) removing clothing with Serbian language on it from Kosovo Serbs;
(C) harassment of Kosovo Serbs by the Kosovo Security Force;
(D) prejudice against Kosovo Serbs in the civil service and labor markets;
(E) denial of fair public trials and lengthy pre-trial sentences; and
(F) failing to execute court rulings in favor of Kosovo Serbs, particularly in property related disputes.
(9) Kosovo Serb civil society organizations have raised concerns about the criminalization of the expression of political views, which is a universal human right guaranteed by international conventions, as well as the constitution and laws of Kosovo.
(10) Kosovo’s refusal to uphold the 2013 Brussels Agreement is contributing to the destabilization of the region and increasing tensions within the Balkans.
Section 3. Sense of Congress
It is the sense of Congress that—
(1) the actions by the Kosovan Government and Prime Minister Albin Kurti including the forcible implementation of mayors, oppression of human rights, and discrimination against Kosovo-Serbs in the justice system, labor market, and civil service is—
(A) in violation of international conventions;
(B) in violation of Kosovan laws;
(C) in violation of the 2013 Brussels Agreement; and
(D) contrary to the ideals of the United States such as rule of law, democracy, self-determination, and minority rights;
(2) the actions by Kosovo undermine global efforts to achieve peace and stability in Eastern Europe and the Balkans;
(3) Kosovo’s destabilization of the Balkans could lead to a regional war; and
(4) the United States rejects these undemocratic actions that repress human rights and political freedoms.
Section 4. Statement of policy
It is the policy of the United States not to support the Government of Kosovo’s—
(1) failure to implement and adhere to the 2013 Brussels Agreement;
(2) ethnic discrimination of Kosovo Serbs through unequal treatment in the justice system, and lack of access to the labor market in violation of international law;
(3) the seizure or appropriation of Kosovo Serbs’ private property; and
(4) repression of the human right to freedom of speech, including the right to express political views.
Section 5. Limitation on assistance
Notwithstanding any other provision of law, no United States assistance is authorized to be appropriated or otherwise made available to the Government of Kosovo until each of the following conditions are met:
(1) The Government of Kosovo implements the conditions required be the 2013 Brussels Agreement, including the creation of the Association/Community of Serb-majority Municipalities.
(2) Special police are removed from northern Kosovo.
(3) New mayoral elections are held in northern Kosovo.
(4) The seizure of Kosovo Serb’s private property, such as cars and clothing, is halted.
(5) Freedom of political expression is respected and upheld for all ethnicities in Kosovo.
Section 6. Oversight and additional reporting
Beginning with the first report submitted pursuant to section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n) after the date of the enactment of this Act, the Secretary of State shall include in each report required by such section a description of the nature and extent—
(1) of discrimination and harassment faced by Kosovo Serbs by the government and police forces of Kosovo; and
(2) of the progress made by the Government of Kosovo in meeting the requirements established by section 5 of this Act.