[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3705 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 3705

 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 SENATE OF THE UNITED STATES

                            January 31, 2024

   Mr. Cardin (for himself, Mr. Murphy, Mr. Kaine, Mr. Merkley, Mr. 
   Booker, Mr. Van Hollen, Mr. Markey, and Mr. Welch) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 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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