S.Amdt. 3252Senate118th Congress (2023-2025)
S.Amdt. 3252
Sponsored by
Sen. Jeanne Shaheen (D-NH)
Submitted September 11, 2024
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Senate amendment submitted
September 11, 2024
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SA 3252. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4638, to authorize appropriations for fiscal year 2025 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of title XII, add the following: Subtitle G--Supporting Democracy and the Rule of Law in the Republic of Georgia SEC. 1291. SHORT TITLES. This subtitle may be cited as the ``Georgian People's Act'' or the ``GPA Act''. SEC. 1292. FINDINGS. Congress finds the following: (1) On April 9, 1991, the Republic of Georgia declared independence from the Soviet Union, and on March 24, 1992, the United States and Georgia established formal diplomatic relations. (2) Since 1993, the territorial integrity of Georgia has been reaffirmed by the international community and numerous United Nations Security Council resolutions. (3) At the 2008 Summit in Bucharest, NATO recognized the aspirations of Georgia to join NATO and committed that Georgia would become a member of the Alliance. (4) On August 7, 2008, the Russian Federation invaded Georgia and thereafter occupied 20 percent of its territory, all of which it continues to occupy. (5) On January 9, 2009, the United States and Georgia signed the United States-Georgia Charter on Strategic Partnership, affirming the close relationship between the United States and Georgia based on the shared principles of democracy, free markets, defense and security cooperation, and cultural exchanges. (6) Georgia made significant contributions to the wars in Iraq and Afghanistan and was the largest troop contributor among NATO partners to the NATO-led Resolute Support Mission in Afghanistan. (7) The United States and Georgia have maintained a strong security partnership, including the U.S.-Georgia Security Cooperation Framework, signed in November 2019, and the Georgia Defense and Deterrence Enhancement Initiative, launched in October 2021. (8) The United States supports the sovereignty and territorial integrity of Georgia within its internationally recognized borders and condemns the continued occupation by Russia of the Georgian regions of South Ossetia and Abkhazia. (9) The United States has continuously supported the democratic wishes of the Georgian people, who have long maintained their aspirations to join the European Union and NATO. (10) During and following her tenure as United States Ambassador and Plenipotentiary to Georgia between 2020 and 2023, Kelly Degnan has been the subject of slander and verbal abuse from members of the Government of Georgia. (11) As recently as October 2023, reputable polling indicates that 86 percent of the Georgian public support Georgia becoming a member of the European Union. (12) Since Russia's full-scale invasion of Ukraine in February 2022, Georgia-- (A) has not imposed its own sanctions on Russia; and (B) has increased economic ties, including initiating many direct flights to and from Russia; (C) has eased visa requirements for Russians visiting Georgia; and (D) is perceived as a conduit of Russia's sanctions evasion endeavors. (13) Since Russia's full-scale invasion of Ukraine in February 2022, and the subsequent rounds of international sanctions placed on Russia as a result of such invasion, Georgia saw its trade with Russia grow by 34 percent between January and June 2023. (14) Georgia's geographic position as both a Black Sea littoral nation and its proximity to the Caspian Sea could further strengthen Georgia's economy by transporting natural gas through the Trans-Caspian Gas Pipeline Project. (15) In June 2022, when the Governments of Ukraine and Moldova received candidate status for membership in the European Union, the European Council stated it would only be ready to grant Georgia candidate status once the country has addressed the 12 priorities outlined by the European Commission. (16) In December 2023, the European Union granted Georgia the status of candidate country, with the understanding that Georgia would act consistent with the recommendations of the European Commission by continuing to advance the outlined reform priorities and increasing its alignment with the European Union's foreign and security policy positions. (17) On February 24, 2023, a foreign agents bill was introduced in the Parliament of Georgia-- (A) to impose restrictions on civil society organizations, nongovernmental organizations, and independent media organizations; and (B) to stigmatize such organizations as ``foreign agents''. (18) On March 7, 2023, the Parliament of Georgia accelerated the passage of that bill, which led to-- (A) large-scale protests that Georgian authorities confronted by deploying tear gas and water cannons; and (B) the withdrawal of the bill by the Parliament. (19) On April 15, 2024, the foreign agents bill, which was renamed ``the Law on Transparency of Foreign Influence'', was reintroduced in the Parliament of Georgia with minor changes that did not reflect the express wishes of the Georgian people, which led to-- (A) large-scale protests in Tbilisi and around the country; (B) harassment and intimidation of civil society activists and journalists; and (C) the ejection of opposition parliamentarians from parliamentary hearings. (20) On April 29, 2024, former Georgian Prime Minister Bidzina Ivanishvili, who is currently the Honorary Chairman of the ruling Georgian Dream Party, gave a speech in which he-- (A) harshly attacked American and European partners; (B) alleged that the goal of foreign funding of civil society and nongovernmental organizations in Georgia is to deprive Georgia of its state sovereignty; and (C) promised to punish opposition political groups. (21) In the face of massive, nation-wide protests against the foreign agents law, Georgian authorities have, in some cases, deployed disproportionate force against largely peaceful protestors, including-- (A) reportedly attacking journalists covering the protests and members of the political opposition; and (B) threatening civil society leaders and family members of protestors at their homes. (22) On May 14, 2024, the Parliament of Georgia passed the foreign agents bill against the wishes of the Georgian people. (23) On May 21, 2024, the Venice Commission issued an opinion regarding Georgia's foreign influence law in which it ``strongly recommend[ed] repealing the Law in its current form, as its fundamental flaws will involve significant negative consequences for the freedoms of association and expression, the right to privacy, the right to participate in public affairs as well as the prohibition of discrimination.''. SEC. 1293. STATEMENT OF POLICY. It is the policy of the United States-- (1) to call on all political parties and elected Members of the Parliament of Georgia to continue working on addressing the reform plan outlined by the European Commission to advance Georgia's recently granted candidate status, which the people of Georgia have freely elected to pursue; (2) to call on the Government of Georgia to institute the required reforms, which are to be developed through an inclusive and transparent consultation process with opposition parties and civil society organizations; (3) to express serious concern that impediments to strengthening the democratic institutions and processes of Georgia, including the foreign agents law, will slow or halt Georgia's progress toward achieving its Euro-Atlantic aspirations, be perceived as stagnating the democratic trajectory of Georgia, and result in negative domestic and international consequences for the Government of Georgia; (4) to impose swift consequences on individuals who are directly responsible for leading or have directly and knowingly engaged [[Page S5990]] in leading, actions or policies that significantly undermine the peace, security, stability, sovereignty, or territorial integrity of Georgia; (5) to emphasize the importance of contributing to international efforts-- (A) to combat Russian aggression, including through sanctions on trade with Russia and the implementation and enforcement of worldwide sanctions on Russia; and (B) to reduce, rather than increase, trade ties between Georgia and Russia; (6) to call on all political parties, elected Members of the Parliament of Georgia, and officers of the Ministry of Internal Affairs of Georgia to respect the freedoms of peaceful assembly, association, and expression, including for the press, and the rule of law, and encourage a vibrant and inclusive civil society; (7) to call on the Government of Georgia to release all persons detained or imprisoned on politically motivated grounds and drop any pending charges against them; (8) to call on the Government of Georgia to ensure that the national elections scheduled for October 2024 are free, fair, and reflective of the will of the Georgian people; and (9) to continue impressing upon the Government of Georgia that the United States is committed to sustaining and deepening bilateral relations and supporting Georgia's Euro- Atlantic aspirations. SEC. 1294. DEFINITIONS. In this subtitle: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) Foreign agents law.--The term ``foreign agents law'' means the ``On Transparency of Foreign Influence'' law, which was passed by the Parliament of Georgia in May 2024. (3) Georgia.--The term ``Georgia'' means the Republic of Georgia. (4) NATO.--The term ``NATO'' means the North Atlantic Treaty Organization. (5) Secretary.--The term ``Secretary'' means the Secretary of State. CHAPTER 1--CONDITIONS ON ENGAGEMENT WITH GOVERNMENT OF GEORGIA Subchapter A--Sanctions SEC. 1295. DEFINITIONS. In this chapter: (1) Admission; admitted; alien.--The terms ``admission'', ``admitted'', and ``alien'' have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. (3) Foreign person.--The term ``foreign person'' means any individual or entity that is not a United States person. (4) Immediate family members.--The term ``immediate family members'' has the meaning given the term ``immediate relatives'' in section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1201(b)(2)(A)(i)). (5) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (6) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person within the United States. SEC. 1295A. STATEMENT OF POLICY. (a) In General.--It shall be the policy of the United States to support the constitutionally stated aspirations of Georgia to become a member of the European Union and the North Atlantic Treaty Organization, which-- (1) is made clear under Article 78 of the Constitution of Georgia; and (2) is supported by an estimated 86 percent of the citizens of Georgia. (b) Sense of Congress.--It is the sense of Congress that-- (1) acts of blocking Euro-Atlantic integration in Georgia, due to undue influence from corrupt or oligarchic forces, constitute a form of corruption; (2) the United States should consider travel restrictions or sanctions on individuals responsible for any actions preventing Georgia from moving toward Euro-Atlantic integration, which include acts of violence or intimidation against Georgian citizens, members of civil society, and members of an opposition political party; (3) the United States, in response to recent events in Georgia, should reassess whether recent actions undertaken by individuals in Georgia should result in the imposition of sanctions by the United States for acts of significant corruption and human rights abuses; and (4) the United States should consider revoking the visas of nationals of Georgia and their family members who-- (A) live in the United States; and (B) are determined to meet the criteria described in section 103(a). SEC. 1295B. INADMISSIBILITY OF OFFICIALS OF GOVERNMENT OF GEORGIA AND CERTAIN OTHER INDIVIDUALS INVOLVED IN BLOCKING EURO-ATLANTIC INTEGRATION. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall identify and make a determination as to whether any of the following foreign persons has knowingly engaged in significant acts of corruption, or acts of violence or intimidation in relation to the blocking of Euro-Atlantic integration in Georgia: (1) Any individual who, on or after January 1, 2014, has served as a member of the Parliament of the Government of Georgia or as a current or former senior official of a Georgian political party. (2) Any individual who is serving as an official in a leadership position working on behalf of the Government of Georgia, including law enforcement, intelligence, judicial, or local or municipal government. (3) An immediate family member of an official described in paragraph (1) or a person described in paragraph (2). (b) Current Visas Revoked.-- (1) In general.--Except as provided in subsections (d) and (e), the visa or other entry documentation of any alien described in subsection (a) is subject to immediate revocation regardless of the issue date of such visa or documentation. (2) Immediate effect.--A revocation of a visa or other entry documentation of any alien pursuant to paragraph (1) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))-- (A) take effect immediately; and (B) cancel any other valid visa or entry documentation that is in the possession of such alien. (c) Briefing.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives about-- (1) any foreign person for whom the Secretary has determined has knowingly engaged in an activity described in subsection (a); and (2) the specific facts that justify each such positive determination. (d) Waiver.--The Secretary may waive the application of subsection (b) if the Secretary determines that-- (1) such waiver would serve a compelling national interest; or (2) the circumstances which caused the individual to be ineligible for a visa have sufficiently changed. (e) Exception to Comply With International Obligations and Law Enforcement Activities.--Subsection (b) shall not apply with respect to an alien if admitting or paroling such alien into the United States is necessary-- (1) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (2) to carry out or assist authorized law enforcement activity in the United States. Subchapter B--Improving Bilateral Relations With Georgia SEC. 1296. UNITED STATES STRATEGY TOWARD GEORGIA. (a) Statement of Policy on Georgia.--It is the policy of the United States-- (1) given that the Government of Georgia has passed the foreign agents law and other legislation further inhibiting its ability to advance its accession into the European Union-- (A) to take into consideration these new laws when formulating the United States Government's policy toward Georgia; and (B) to review all forms of foreign and security assistance made available to the Government of Georgia; and (2) to reevaluate its policy toward the Government of Georgia if the Government of Georgia takes the required steps-- (A) to reorient itself toward its European Union accession agenda; and (B) to advance policy or legislation reflecting the express wishes of the Georgian people. (b) 5-year United States Strategy for Bilateral Relations With Georgia.--Not later than 90 days after the date of the enactment of this Act, the Secretary and the Administrator of the United States Agency for International Development, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a detailed strategy that-- (1) outlines specific objectives for enhancing bilateral ties which reflect the current domestic political environment in Georgia; (2) determines what tools, resources, and funding should be available and assess whether Georgia should remain the second-highest recipient of United States funding in the Europe and Eurasia region; (3) determines the extent to which the United States should continue to invest in its partnership with Georgia; (4) explore how the United States can continue to support civil society and independent media organizations in Georgia; and [[Page S5991]] (5) determine whether the Government of Georgia remains committed to expanding trade ties with the United States and Europe and whether the United States Government should continue to invest in Georgian projects. SEC. 1296A. REPORT ON REVIEW OF FOREIGN ASSISTANCE TO GEORGIA. (a) Report Required.--Not later than 60 days after the date of the enactment of this Act, the Secretary, in coordination with the Administrator of the United States Agency for International Development and other relevant Federal agencies, shall submit a report to the appropriate congressional committees that-- (1) outlines all assistance provided by any United States Government agency to the Government of Georgia that primarily provides material aid, reputational advantage, or sustenance to state actors, officials, or their proxies who undermine the democracy of Georgia and enable Russian aggression within and outside of Georgia; (2) provides a detailed overview of each project; and (3) sets forth associated funding allocations, including projected funding for each project. (b) Suspension of Projects.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall suspend all programming in Georgia carried out by the Department of State that primarily provide material aid, reputational advantage, or sustenance to state actors, officials, or their proxies who undermine the democracy of Georgia and enable Russian aggression within and outside of Georgia unless the Secretary certifies to the appropriate congressional committees that such programming is in the national security interests in the United States. (c) Reprogramming Funds.--The Secretary may reprogram any amounts used for programming that is suspended pursuant to subsection (b) to other initiatives taking place in other countries in the Eurasia region after notifying the appropriate congressional committees. SEC. 1296B. SENSE OF CONGRESS REGARDING SUSPENSION OF UNITED STATES-GEORGIA STRATEGIC DIALOGUE. It is the sense of Congress that the Secretary should suspend the United States-Georgia Strategic Partnership Commission, established through the United States-Georgia Charter on Strategic Partnership on January 9, 2009, until after the Government of Georgia takes measures-- (1) to represent the democratic wishes of the citizens of Georgia; and (2) to uphold its constitutional obligation to advance the country towards membership in the European Union and NATO. CHAPTER 2--ADDITIONAL MEASURES TO SUPPORT THE GEORGIAN PEOPLE SEC. 1297. STATEMENT OF POLICY IN SUPPORT OF THE GEORGIAN PEOPLE. It is the policy of the United States-- (1) to continue supporting the ongoing development of democratic values in Georgia, including free and fair elections, freedom of association, an independent and accountable judiciary, an independent media, public-sector transparency and accountability, the rule of law, countering malign influence, and anticorruption efforts; (2) to support the sovereignty, independence, and territorial integrity of Georgia within its internationally recognized borders; (3) to continue to support the Georgian people and civil society organizations that reflect the aspirations of the Georgian people for democracy and a future with the people of Europe; (4) to continue supporting the capacity of the Government of Georgia to protect its sovereignty and territorial integrity from further Russian aggression or encroachment; (5) to support domestic and international efforts, including polling, pre-election and election-day observation efforts, to support the execution of free and fair elections in Georgia in October 2024; (6) to continue supporting the right of the Georgian people to freely engage in peaceful protest, determine their future, and make independent and sovereign choices on foreign and security policy, including regarding Georgia's relationship with other countries and international organizations, without interference, intimidation, or coercion by other countries or those acting on their behalf; and (7) to underscore the unwavering bipartisan support from Congress in supporting the democratic aspirations of the Georgian people. SEC. 1297A. DEMOCRACY AND RULE-OF-LAW PROGRAMMING. (a) Statement of Policy Regarding Effect of National Elections in Georgia.--It is the policy of the United States to undertake efforts, in partnership with the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe, to ensure that the national elections in Georgia that are scheduled to be held in October 2024 are conducted in a manner that is free, fair, and reflective of the will of the Georgian people and show evidence of a broader and sustainable democratic trajectory. (b) Funding.--From the amounts appropriated to the Assistance for Europe, Eurasia and Central Asia account under the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024, or under the comparable appropriations Act for fiscal year 2025, $50,000,000 is authorized to be made available-- (1) to strengthen democracy and civil society in Georgia, including for transparency, independent media, rule of law, anti-corruption efforts, countering malign influence, and good governance initiatives; and (2) to support the Georgian people's efforts to advance their aspirations for membership in the European Union and Euro-Atlantic integration. (c) Review of Support.--In response to the passage of the foreign agents law, the Secretary and the Administrator of the United States Agency for International Development shall undertake a review of efforts to determine-- (1) how best to continue providing support to civil society and independent media organizations in Georgia; and (2) whether additional funds should be allocated to the National Endowment for Democracy for initiatives in Georgia. SEC. 1297B. BRIEFING ON DISINFORMATION AND CORRUPTION IN THE REPUBLIC OF GEORGIA. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Secretary, in coordination with such agencies as the Secretary considers relevant, shall brief the appropriate congressional committees regarding-- (1) the efforts within and outside of Georgia to spread disinformation within Georgia to mischaracterize or undermine the bilateral relationships between the United States and Georgia and the European Union and Georgia; (2) sources that have played an active role in advancing disinformation campaigns to erode public support for the United States, the European Union, and NATO within Georgia; and (3) efforts undertaken by the Government of Georgia to sanction actors involved in the spread of disinformation that limits its Euro-Atlantic aspirations; (4) the extent to which corrupt actors are undermining the ability of political parties and democratic institutions in Georgia to uphold and adhere to the principles of transparency and good governance; (5) policy options to assist the Government of Georgia in helping protect democracy and the rule of law by punishing bad actors; (6) efforts in Georgia designed-- (A) to suppress a free and independent media; or (B) to harass and intimidate civil society; (7) actors responsible for-- (A) the suppression of a free and independent media in Georgia; or (B) harassment and intimidation of civil society in Georgia; (8) the Secretary's assessment of-- (A) the Russian Federation's influence and information operations in Georgia; and (B) connections between the influence and operations described in subparagraph (A) and the broader agenda of the Russian Federation in the region; and (9) the Secretary's assessment of-- (A) the People's Republic of China's influence and information operations in Georgia; and (B) connections between the influence and operations described in subparagraph (A) and the broader agenda of the People's Republic of China in the region. (b) Form.--The report required under subsection (a) shall be submitted in unclassified form, with a classified annex. SEC. 1297C. SUNSET. This subtitle shall cease to have any force or effect beginning on the date that is 5 years after the date of the enactment of this Act. ______