[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7175 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7175
To protect individuals who face reprisals for defending human rights
and democracy by enhancing the capacity of the United States Government
to prevent, mitigate, and respond in such cases, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2024
Mr. McGovern (for himself, Mr. Raskin, Mrs. Torres of California, Ms.
Omar, and Mr. Crow) introduced the following bill; which was referred
to the Committee on Foreign Affairs, and in addition to the Committee
on 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 protect individuals who face reprisals for defending human rights
and democracy by enhancing the capacity of the United States Government
to prevent, mitigate, and respond in such cases, and for other
purposes.
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 ``Human Rights Defenders Protection
Act of 2024''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Around the world, human rights defenders form the
backbone of democratic societies and movements, advocating for
human rights and political freedoms, protecting the
environment, fighting corruption, and supporting good
governance, independent media, and labor rights.
(2) Reprisals against human rights defenders are on the
rise as autocratic and illiberal regimes increasingly target
human rights defenders with fabricated legal charges, threats
and violence for exercising civil, political, economic, social,
and cultural rights, often collaborating with transnational
criminal organizations, paramilitary groups, private sector
actors, and others to carry out such reprisals.
(3) According to the United Nations High Commissioner for
Human Rights, every year hundreds of human rights defenders are
murdered and thousands more are subjected to torture, enforced
disappearance, sexual violence, hate crimes, unlawful or
arbitrary detention, judicial harassment, unlawful or arbitrary
digital surveillance, and forced exile.
(4) The lack of accountability for attacks on human rights
defenders engenders further violence and leaves human rights
defenders hesitant or unable to continue their work out of fear
of retaliation.
(5) Foreign governments are no longer oppressing only
individuals within the borders of their countries and are
increasingly resorting to transnational repression tactics,
both digital and physical, to target human rights defenders
outside of their countries of origin, often where such human
rights defenders are seeking asylum or temporary refuge.
(6) Human rights defenders facing the highest levels of
violence include individuals advocating for land rights and
environmental issues, Indigenous communities, the freedoms of
expression, assembly, and association, minority communities,
and LGBTQI+, women's, youth, and religious rights.
(7) Environmental human rights defenders are vulnerable to
reprisals because such human rights defenders pose challenges
to financial interests and often live in remote areas where
government oversight is weak and powerful actors can use
corrupt practices and brute force to seize resources with
impunity.
(8) Women human rights defenders often face additional
grave risks, including gender-based violence, reprisals against
their children, use of digital disinformation campaigns against
them, and stigmatization from their families, workplaces, and
communities.
(9) Many human rights defenders who have been forced into
exile desire to continue their advocacy from abroad, yet such
human rights defenders lack the legal protections and support
they need to continue such advocacy.
(10) The United States has a strong legacy of supporting
human rights defenders. Given the rising number of human rights
defenders at risk, the United States should elevate and enhance
such support, especially at embassies, consulates, and foreign
missions of the United States.
(11) The training and guidance for individuals and
organizations working with the United States Government,
including members of the Foreign Service, on recognizing and
responding to reprisals against human rights defenders is
insufficient, leading to ad hoc and inconsistent responses,
while human rights defenders who are at risk are frequently
unaware of how to safely work with United States officials
abroad and the resources that are available to human rights
defenders.
(12) The United States has neither a coherent strategy to
strengthen protections for human rights defenders, nor adequate
measures to prevent and respond to cases in which members of
foreign security forces, law enforcement, judicial
institutions, criminal groups, or private companies contribute
to attacks on human rights defenders. The United States also
lacks adequate consular resources and authorities to facilitate
temporary evacuation of human rights defenders facing immediate
lethal danger.
(13) While the United States possesses multiple tools to
hold perpetrators of reprisals accountable, including
sanctions, export controls, visa restrictions, and diplomatic
pressure, the United States deploys such tools unevenly and
without clear connections to a broader strategic framework to
strengthen protections for human rights defenders.
(14) Given the dramatic increase in attacks on human rights
defenders globally, the current approach by the United States
Government to address such attacks is insufficient to
adequately respond to the threats human rights defenders face,
weakening the ability of the United States to advance human
rights and democratic principles, respond to the climate
crisis, counter corruption, and combat transnational crime.
SEC. 3. DEFINITIONS.
In this Act--
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Democracy advocate at risk.--The term ``democracy
advocate at risk'' means a human rights defender or other
individual engaging in peaceful democratic advocacy or
political protest who participates in the Reagan-Fascell
Democracy Fellows Program.
(3) Human rights defender.--
(A) In general.--The term ``human rights defender''
means an individual, working alone or in a group, who
uses nonviolent means to promote or protect human
rights and fundamental freedoms, in a manner consistent
with the principles described in the United Nations
Declaration on Human Rights Defenders.
(B) Inclusions.--The term ``human rights defender''
may include members of civil society organizations,
journalists, activists, lawyers, community leaders,
land and environmental defenders, labor leaders and
activists, anti-corruption activists, whistleblowers,
political prisoners, members of opposition political
parties, and any other individual engaging in peaceful
advocacy, actions, or political protest.
(4) Reprisal.--The term ``reprisal'' means an act or
omission that--
(A) violates, intends to violate, or encourages a
violation of the rights of a human rights defender; or
(B) otherwise prevents a human rights defender from
carrying out his or her work.
(5) United nations declaration on human rights defenders.--
The term ``United Nations Declaration on Human Rights
Defenders'' means the Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms (United Nations General Assembly
Resolution 53/144 (1998)), adopted by the United Nations
General Assembly on December 9, 1998.
SEC. 4. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to reaffirm the commitment of the United States to--
(A) the Universal Declaration of Human Rights,
adopted by the United Nations on December 10, 1948;
(B) the United Nations Declaration on Human Rights
Defenders; and
(C) human rights defenders, who, often at great
risk to themselves, work nonviolently to protect and
advance human rights and democratic principles;
(2) to integrate support for human rights defenders and
democracy advocates and their protection from reprisals as part
of bilateral and multilateral diplomatic, development, defense,
economic, law enforcement, security assistance, export control,
climate, and anti-corruption activities of the United States;
(3) to engage with the private sector to respect, support,
and, when possible, protect human rights defenders and prevent
human rights violations throughout business operations,
investments, and supply chains in accordance with the Guiding
Principles on Business and Human Rights published by the United
Nations High Commissioner for Human Rights and the OECD
Guidelines for Multinational Enterprises on Responsible
Business Conduct;
(4) to work in solidarity with front-line human rights
defenders and democracy advocates to integrate prevention,
mitigation, and response measures into development and foreign
assistance activities to strengthen physical and digital
safety, well-being, protection measures, and the resiliency of
local organizations in the country of concern;
(5) to assist human rights defenders and their immediate
family members living in exile so they can safely continue
their work, free from threats or acts of transnational
repression;
(6) to end impunity for reprisals against human rights
defenders by strengthening accountability for perpetrators,
including through appropriate investigations and prosecutions,
exercise of sanctions authorities such as the Global Magnitsky
Human Rights Accountability Act (22 U.S.C. 10101 et seq.), and
support for other mechanisms and measures;
(7) to strengthen access to justice and provide legal
representation for human rights defenders;
(8) to affirm that support for human rights defenders and
their protection from reprisals is central to the policy
interests of the United States; and
(9) to coordinate assistance strategies and direct
assistance for human rights defenders with bilateral partners,
non-governmental foundations and charities, and other advocates
and service providers.
SEC. 5. GLOBAL STRATEGY FOR HUMAN RIGHTS DEFENDERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and once every 3 years thereafter, the
President, in consultation with the heads of relevant Federal agencies,
shall develop and submit to the appropriate congressional committees a
comprehensive interagency strategy to support and protect human rights
defenders abroad to be known as the Global Human Rights Defenders
Strategy (referred to in this section as the ``Strategy'').
(b) Elements of the Strategy.--The Strategy shall include detailed
information on the following elements:
(1) An assessment of tools and resources available at
United States embassies and missions to support human rights
defenders, including--
(A) measures to monitor and respond to reprisals
against human rights defenders, including human rights
defenders located outside of their country, and their
immediate family members; and
(B) information on implementation of the training
required by subparagraph (E) of section 708(a)(1) of
the Foreign Service Act of 1980 (22 U.S.C. 4028(a)(1)),
as added by section 8.
(2) Bolstering the ability of United States embassies and
missions to prioritize the protection of human rights
defenders, including--
(A) ensuring the policy objectives described in
section 4 are addressed in each country-specific
Integrated Country Strategy of the Department of State;
(B) developing guidance for United States embassies
and missions on assessing when and how to prevent and
respond to reprisals against human rights defenders,
including in countries that host human rights defenders
in exile;
(C) identifying a designated point of contact at
each United States embassy or mission who--
(i) reports directly to the chief of
mission; and
(ii) shall be responsible for--
(I) conducting regular
consultations with human rights
defenders, including individuals based
outside of major urban areas,
individuals who are not members of
registered civil society organizations,
and individuals in exile, consistent
with measures to ensure the protection
of such individuals;
(II) tracking patterns of reprisals
and managing responses to reprisals,
including by assessing the impact of
such responses; and
(III) immediately notifying the
chief of mission, the head of the
relevant regional bureau of the
Department of State and the United
States Agency for International
Development, the Director of the Bureau
of Democracy, Human Rights, and Labor,
and the Assistant to the Administrator
for the Bureau of Democracy, Human
Rights, and Governance in the event of
any imminent threat to the life or
grave threat to the personal safety of
a human rights defender;
(D) publishing guidelines in local languages on the
website of each United States embassy and mission on
how to reach relevant embassy points of contact;
(E) integrating consideration of reprisals against
human rights defenders into engagements by United
States embassies and missions with the private sector,
and foreign governments;
(F) including requests for any additional resources
needed to engage with and support human rights
defenders in annual Mission Resource Requests;
(G) acknowledging and rewarding efforts by United
States diplomatic personnel, including Foreign Service
officers from the United States Agency for
International Development and the Department of State,
to protect human rights defenders as part of annual
performance reviews;
(H) strengthening the efforts of host countries to
bolster human rights, protect human rights defenders,
and prevent human rights abuses and violations; and
(I) identifying additional authorities or
capabilities that need to be developed to address the
growing threats facing human rights defenders.
(3) Seeking to reduce impunity for reprisals against human
rights defenders by strengthening accountability for
perpetrators, including--
(A) using diplomatic engagement to encourage
foreign governments to investigate and prosecute
persons who order, plan, and carry out reprisals;
(B) using diplomatic engagement to respond to
patterns of non-lethal reprisals that have an adverse
impact on civic space, including the criminalization of
nonviolent advocacy, smear campaigns, and illegal
surveillance; and
(C) increasing support for multilateral initiatives
that seek to curb the misuse of technologies by foreign
governments to monitor, harass, or threaten human
rights defenders and their families.
(4) How the United States intends to implement the policy
objectives under section 4, including--
(A) specific and measurable goals;
(B) metrics to measure progress against such goals;
and
(C) a timeline for implementation.
(c) Implementation.--In implementing the Strategy, the President
shall--
(1) designate an employee of the National Security Council
to be responsible for the coordination of the interagency
process for implementing the Strategy;
(2) require each relevant Federal agency to provide a
specific implementation plan for the Strategy; and
(3) regularly consult with relevant human rights defenders
and civil society organizations both in the United States and
abroad on the design and implementation of the Strategy.
(d) Form and Availability.--
(1) Form.--The Strategy shall be submitted in unclassified
form, but may include a classified annex, if necessary.
(2) Briefing.--Not later than 30 days prior to publication
of the Strategy in accordance with paragraph (3), the Under
Secretary for Civilian Security, Democracy, and Human Rights,
in consultation with the Assistant to the Administrator for
Democracy, Human Rights, and Governance, shall brief the
appropriate congressional committees on the Strategy.
(3) Public availability.--The unclassified portion of the
Strategy shall be made available to the public, including
through publication in the Federal Register.
SEC. 6. NONIMMIGRANT VISAS FOR HUMAN RIGHTS DEFENDERS.
(a) In General.--Section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)) is amended--
(1) in paragraph (15)--
(A) in subparagraph (U)(iii), by striking ``; or''
and inserting a semicolon;
(B) in subparagraph (V)(ii)(II), by striking the
period at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(W)(i) subject to section 214(t), an alien who--
``(I) demonstrates a credible fear of an
urgent threat to his or her physical safety by
a state or nonstate actor in the alien's
country of nationality or last habitual
residence based on the nature of the alien's
work as a human rights defender, including
formal and informal employment and volunteer
activities; and
``(II) has not advocated violence or
terrorism; and
``(ii) the children and spouse or partner
of the alien described in clause (i) if
accompanying, or following to join, such
alien.''; and
(2) by adding at the end the following:
``(53) The term `urgent threat', with respect to an
individual described in paragraph (15)(W)(i)(I), means any
action, communication, or threat made against the individual
that causes or has the intent to cause physical, legal,
financial, psychological, or reputational harm.''.
(b) Application for Admission.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended by adding at the end the
following:
``(t)(1) In the case of a nonimmigrant described in section
101(a)(15)(W)--
``(A) the Secretary of State shall issue a visa that is
valid for 1 or more admissions to the United States during a 3-
year period; and
``(B) the Secretary of Homeland Security shall authorize
the alien to engage in employment in the United States during
the period of authorized admission and shall provide the alien
with an `employment authorized' endorsement or other
appropriate document signifying authorizing employment.
``(2) In determining whether an alien is eligible to be
admitted to the United States as a nonimmigrant under section
101(a)(15)(W)(i)--
``(A) a foreign service officer, outside of
consular services, including political and economic
officers and officers of the United States Agency for
International Development, located at the United States
Embassy in the country concerned, an official in the
Bureau for Democracy, Human Rights and Labor, or an
official of Bureau for Democracy, Human Rights, and
Governance, may submit a visa referral for the alien to
the United States consulate in the country concerned;
``(B) a consular officer, located at the United
States Embassy or consulate in the country concerned--
``(i) shall conduct an interview of the
alien not later than 72 hours after the alien
submits an application for admission as a
nonimmigrant under that section;
``(ii) shall make a determination with
respect to whether the alien's fear of an
urgent threat is credible within the context of
such country; and
``(iii) shall consult with and seek
references from relevant national or
international human rights organizations or the
United Nations with respect to the alien,
including references suggested by the alien and
the referring human rights officer; and
``(C) the Bureau of Consular Affairs shall carry
out all security screening through the appropriate
databases.
``(3) An unmarried alien who seeks to accompany or follow
to join a parent granted status under section 101(a)(15)(W)(i),
and who was under 21 years of age on the date on which such
parent applied for such status, shall continue to be classified
as a child for purposes of section 101(a)(15)(W)(ii), if the
alien attains 21 years of age after such parent's application
was filed, but while it was pending.
``(4)(A) The number of aliens who may be issued visas or
otherwise provided status as nonimmigrants under section 101(a)
(15)(W) in any fiscal year shall not exceed 500.
``(B) The numerical limitation in subparagraph (A) shall
only apply to principal aliens described in section
101(a)(15)(W)(i) and not to the children or spouses or partners
of such aliens.''.
SEC. 7. HUMAN RIGHTS OFFICERS.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should--
(1) increase the number of Foreign Service officer
positions dedicated to democracy and human rights graded at
mid-level rank levels and posted to missions in countries
facing complex democracy and human rights crises, including
countries facing high levels of violence against human rights
defenders; and
(2) increase the number of democracy, human rights, and
labor positions graded at mid-level rank levels at overseas
posts, incorporating recommendations from the Director of the
Bureau of Democracy, Human Rights, and Labor regarding scope of
work and the location of posts.
(b) Reclassification to Mid-Level.--
(1) Recommendation.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State shall
submit a recommendation to the appropriate congressional
committees to reclassify not less than 10 human rights officers
to the FS-3, -2, or -1 level.
(2) Reclassification.--Not later than 270 days after the
date of the enactment of this Act, not less than 10 human
rights officers shall be reclassified in accordance with this
section.
(c) Increased Human Rights Officers at Posts.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall increase the
number of personnel who are responsible for democracy and human
rights issues, with the goal of having at least one officer
dedicated to democracy and human rights at every mission.
(2) Responsibility.--The Bureau of Democracy, Human Rights,
and Labor shall lead selection and placement of such officers
at diplomatic missions, consulting with regional bureaus.
(d) Democracy and Governance Training.--Democracy, human rights,
and governance should be a core competency course for foreign service
officers at each level of required training, including those at the
entry (A-100), mid, and Senior Foreign Service levels.
SEC. 8. PROTECTING HUMAN RIGHTS DEFENDERS AT MULTILATERAL AND REGIONAL
BODIES.
The Secretary of State and the United States Permanent
Representative to the United Nations shall use the voice, vote, and
influence of the United States at the United Nations, international
financial institutions, regional bodies, and other multilateral
bodies--
(1) to promote full participation and oppose efforts that
prevent the full participation of human rights defenders or
block the accreditation of bona fide human rights organizations
seeking consultative status at such institutions and bodies;
(2) to ensure that such institutions and bodies bolster the
protection and safe participation of human rights defenders who
are subject to transnational repression, state harassment, and
reprisals;
(3) to increase monitoring and reporting to identify and
track reprisals against human rights defenders, including human
rights defenders who engage with such institutions and bodies;
(4) to urge member states to engage with the United Nations
Special Rapporteur on the situation of human rights defenders
(referred to in this section as the ``Special Rapporteur''), to
cooperate with the Special Rapporteur, and to take steps to
implement the recommendations of the Special Rapporteur; and
(5) to support the use of targeted sanctions, censure of
member states, and all diplomatic tools available to hold
responsible persons that engage in reprisals against human
rights defenders.
SEC. 9. SUPPORT FOR DEMOCRACY ADVOCATES AT-RISK.
(a) In General.--Congress--
(1) recognizes the importance of democracy advocates at
risk who support democracy, human rights, transparency and the
rule of law; and
(2) remains gravely concerned about concerted efforts by
state and non-state actors to constrain the activities of
democracy advocates at risk through reprisals that are intended
to frustrate or halt legitimate activities.
(b) Fellowships for Democracy Advocates at Risk.--The National
Endowment for Democracy is authorized to expand the Reagan-Fascell
Democracy Fellows Program to provide additional fellowships, including
in partnership with other institutions and organizations, to support
democracy advocates at risk.
SEC. 10. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
Section 116(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(f)(1)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (E);
and
(2) by inserting after subparagraph (B) the following:
``(C) A description of the treatment of human
rights defenders (as defined in section 3 of the Human
Rights Defenders Protection Act of 2024) in each
foreign country, including patterns of reprisals (as
defined in such section) against human rights defenders
residing in-country, including information on the
underlying types of activities targeted and the types
of tactics being used and descriptions of specific
cases in which the relevant human rights defender or
family member of such human rights defender has
provided prior consent.
``(D) When feasible, details on the total number of
investigations opened into reprisals against human
rights defenders, including, for such reprisals, the
number of prosecutions, the details of the individuals
sentenced, and the percentage of individuals
acquitted.''.
SEC. 11. TRAINING.
Section 708(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
4028(a)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new subparagraph:
``(E) for Foreign Service Officers and Presidential
appointees, including chiefs of mission, in missions
abroad who work on political, economic, public
diplomacy, security, or development issues, a dedicated
module of instruction on support for human rights
defenders, including human rights defenders who are
informally organized outside of registered civil
society organizations; and''.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) Strategy and Training.--There is authorized to be appropriated
$5,000,000 for each of fiscal years 2024 through 2028 to carry out--
(1) the Strategy described in section 5;
(2) reporting requirements described in subsections (C) and
(D) of section 116(f)(1) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151n(f)(1)), as added by section 14; and
(3) the training required by section 708(a)(1)(E) of the
Foreign Service Act of 1980 (22 U.S.C. 4028(a)(1)), as added by
section 14.
(b) Human Rights Officers.--There is authorized to be appropriated
$10,000,000 for each of fiscal years 2024 to 2028 to carry out section
7.
(c) Support of Democracy Advocates At-risk.--There is authorized to
be appropriated to the National Endowment for Democracy $5,000,000 for
each of fiscal years 2024 through 2028 for the Reagan-Fascell Democracy
Fellows Program for additional fellowships for democracy advocates at
risk.
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