[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3854 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 3854

   To combat transnational repression abroad, to strengthen tools to 
  combat authoritarianism, corruption, and kleptocracy, to invest in 
      democracy research and development, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 29, 2024

Mr. Cardin (for himself and Mr. Wicker) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   To combat transnational repression abroad, to strengthen tools to 
  combat authoritarianism, corruption, and kleptocracy, to invest in 
      democracy research and development, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``International 
Freedom Protection Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Combating transnational repression abroad.
Sec. 5. Strengthening tools to combat authoritarianism.
Sec. 6. Combating corruption and kleptocracy.
Sec. 7. Investing in democracy research and development.
Sec. 8. Addressing authoritarians in the multilateral system.
Sec. 9. Confronting digital authoritarianism.
Sec. 10. Protecting political prisoners.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) According to Freedom House's 2023 report, ``Freedom in 
        the World'', democracy experienced a worldwide decline for 17 
        consecutive years and has been weakened by factors, such as 
        attacks on democratic institutions, impunity, corruption, 
        disinformation, human rights violations, and conflict.
            (2) Since 2006, autocratic forces and illiberal forces have 
        been on the rise, with emboldened autocrats from China, Russia, 
        and Iran--
                    (A) refining their tactics to undermine democracy 
                globally;
                    (B) suppressing dissent to sustain their own 
                regimes; and
                    (C) frequently collaborating with each another in 
                such efforts.
            (3) The rise of authoritarianism--
                    (A) undermines the national security of the United 
                States and the security of our democratic allies and 
                partners;
                    (B) creates instability;
                    (C) weakens the rule of law; and
                    (D) increases the risk of war.
            (4) Democracies are ill-prepared to fight back against the 
        growing complexity and emerging challenges posed by autocratic 
        and illiberal forces.
            (5) There is an urgent need to update the United States 
        Government's approach to countering authoritarianism by 
        strengthening and revitalizing the relevant tools, strategies, 
        and institutions.

SEC. 3. DEFINITIONS.

    In this Act:
            (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) Relevant federal agencies.--The term ``relevant Federal 
        agencies'' means--
                    (A) the Department of State;
                    (B) the United States Agency for International 
                Development; and
                    (C) other Federal agencies that are relevant for 
                purposes of this Act.
            (3) Transnational repression.--The term ``transnational 
        repression''--
                    (A) means acts by governments (either directly or 
                through others) to silence, intimidate, or exact 
                reprisal against individuals outside their sovereign 
                borders, including members of diaspora populations, 
                political opponents, civil society activists, human 
                rights defenders, journalists, and members of ethnic or 
                religious minority groups; and
                    (B) may include--
                            (i) extrajudicial killings;
                            (ii) physical assaults and intimidation;
                            (iii) arbitrary detentions;
                            (iv) renditions;
                            (v) deportations;
                            (vi) unexplained or enforced 
                        disappearances;
                            (vii) physical or online surveillance or 
                        stalking;
                            (viii) unwarranted passport cancellation or 
                        control over other identification documents;
                            (ix) abuse of international law enforcement 
                        systems;
                            (x) unlawful asset freezes;
                            (xi) digital threats, such as cyberattacks, 
                        targeted surveillance and spyware, online 
                        harassment, and intimidation; and
                            (xii) coercion by proxy, such as harassment 
                        of, or threats or harm to, family and 
                        associates of private individuals who remain in 
                        their country of origin.

SEC. 4. COMBATING TRANSNATIONAL REPRESSION ABROAD.

    (a) Findings.--Congress makes the following findings:
            (1) Amidst a backdrop of global democratic decline, 
        authoritarian governments are increasingly collaborating and 
        employing aggressive tactics across borders to silence, coerce, 
        harass, or harm individuals for peacefully exercising their 
        rights and fundamental freedoms.
            (2) Governments commit transnational repression through 
        physical and digital means. The advancement of digital 
        technology provides new tools for censoring, surveilling, 
        harassing, and targeting individuals deemed to be threats 
        across international borders. This is particularly significant 
        for dissidents and journalists forced abroad who rely on 
        communications technology to amplify their messages and 
        communicate with their professional and personal support 
        networks.
            (3) Since 2014, Freedom House has documented 854 direct 
        physical incidents of transnational repression committed by 38 
        governments in 91 countries. Nonphysical acts of transnational 
        repression are occurring even more frequently. The combined 
        effect of these direct threats produces a chilling effect that 
        compels countless more people to modify their behavior due to 
        fear of transnational repression.
            (4) In 2023, the countries whose governments are committing 
        the highest number of direct physical acts of transnational 
        repression are China, Turkey, Tajikistan, Russia, and Egypt.
            (5) Transnational repression is used by governments to 
        target perceived critics, who may include human rights 
        defenders, democracy activists, political opponents, members of 
        diaspora groups, and the family members of such individuals.
    (b) Statement of Policy on Transnational Repression.--It is the 
policy of the United States--
            (1) to regard transnational repression as a direct threat 
        to the United States national interests of upholding and 
        promoting democratic values and human rights;
            (2) to address transnational repression, including by 
        protecting targeted individuals and groups;
            (3) to strengthen the actions of United States embassy and 
        mission staff in countering transnational repression, including 
        by--
                    (A) monitoring and documenting instances of 
                transnational repression;
                    (B) conducting regular outreach with at-risk or 
                affected populations to provide information regarding 
                available resources without putting such people at 
                further risk; and
                    (C) working with local and national law 
                enforcement, as appropriate, to support victims of 
                transnational repression;
            (4) to develop policy and programmatic responses based on 
        input from--
                    (A) vulnerable populations who are at risk of, or 
                are experiencing, transnational repression;
                    (B) nongovernmental organizations working on issues 
                of transnational repression; and
                    (C) the private sector;
            (5) to provide training to relevant Federal personnel--
                    (A) to enhance their understanding of transnational 
                repression; and
                    (B) to identify and combat threats of transnational 
                repression;
            (6) to strengthen documentation and monitoring by the 
        United States Government of transnational repression in foreign 
        countries and within international organizations; and
            (7) to seek to hold perpetrators of transnational 
        repression accountable, including through the use of targeted 
        sanctions and visa restrictions.
    (c) Report on Transnational Repression.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and every 2 years thereafter, the 
        Secretary of State, in consultation with the heads of other 
        relevant Federal agencies, shall submit a report to the 
        appropriate congressional committees that assesses the efforts 
        of the United States Government to implement the policy 
        objectives described in subsection (b).
            (2) Elements.--The report required under paragraph (1) 
        shall include--
                    (A) a detailed description and assessment of United 
                States Government efforts to monitor, prevent, and 
                respond to transnational repression abroad;
                    (B) a detailed accounting, disaggregated by 
                country, of the most common tactics of transnational 
                repression;
                    (C) instances of transnational repression occurring 
                within international organizations;
                    (D) a list of countries perpetrating acts of 
                transnational repression;
                    (E) a list of countries whose governments are known 
                to frequently cooperate with other governments in 
                committing transnational repression;
                    (F) a description of--
                            (i) efforts by personnel at United States 
                        embassies and missions to support victims of or 
                        those at risk of transnational repression; and
                            (ii) resources provided to United States 
                        embassies and missions to support such efforts; 
                        and
                    (G) a strategy to strengthen interagency efforts 
                and coordination to combat transnational repression, 
                which shall include--
                            (i) a plan, developed in consultation with 
                        partner governments, civil society, the 
                        business community, and other entities, to 
                        promote respect for rule of law and human 
                        rights in surveillance technology use, which 
                        shall include--
                                    (I) improving export licensing 
                                policy, including by applying 
                                additional scrutiny to export licensing 
                                applications for products exported to 
                                perpetrators;
                                    (II) protecting personal digital 
                                data from being used for the purposes 
                                of transnational repression;
                                    (III) establishing safeguards to 
                                prevent the misuse of surveillance 
                                technology, including elements such as 
                                appropriate legal protections, a 
                                prohibition on discrimination, 
                                oversight and accountability 
                                mechanisms, transparency on the 
                                applicable legal framework, limiting 
                                biometric tools for surveillance to 
                                what is lawful and appropriate, testing 
                                and evaluation, and training;
                                    (IV) working to ensure, as 
                                applicable, that such technologies are 
                                designed, developed, and deployed with 
                                safeguards to protect human rights 
                                (including privacy), consistent with 
                                the United Nations Guiding Principles 
                                on Business and Human Rights;
                            (ii) public diplomacy efforts and plans 
                        for, including the use of the voice, vote, and 
                        influence of the United States at international 
                        organizations, to promote awareness of and 
                        oppose acts of transnational repression;
                            (iii) a plan to develop or enhance global 
                        coalitions to monitor cases of transnational 
                        repression at international organizations and 
                        to strengthen alert mechanisms for key 
                        stakeholders worldwide;
                            (iv) a description, as appropriate, of how 
                        the United States Government has previously 
                        provided, and will continue to provide, support 
                        to civil society organizations in foreign 
                        countries in which transnational repression 
                        occurs--
                                    (I) to improve the documentation, 
                                investigation, and research of cases, 
                                trends, and tactics of transnational 
                                repression; and
                                    (II) to promote accountability and 
                                transparency in government actions 
                                impacting victims of transnational 
                                repression; and
                            (v) a description of new or existing 
                        emergency assistance mechanisms, to aid at-risk 
                        groups, communities, and individuals in 
                        countries abroad in which transnational 
                        repression occurs.
            (3) Form of report.--The report required under paragraph 
        (1) shall be submitted in unclassified form, but may include a 
        classified annex.
    (d) Training of United States Personnel.--The Secretary of State, 
in coordination with the heads of other relevant Federal agencies, 
shall provide personnel of the Department of State and other relevant 
Federal agencies, whether serving in the United States or overseas, 
with training regarding--
            (1) identifying physical and nonphysical threats of 
        transnational repression;
            (2) foreign governments that are most frequently involved 
        in transnational repression;
            (3) foreign governments that are known to frequently 
        cooperate with other governments in committing transnational 
        repression;
            (4) digital surveillance and cyber tools commonly used in 
        transnational repression;
            (5) safe outreach methods for vulnerable populations at 
        risk of transnational repression; and
            (6) tools to respond to transnational repression threats, 
        including relevant authorities which may be invoked.
    (e) Training of Foreign Service Officers and Presidential 
Appointees.--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 ``; and''; and
            (3) by adding at the end the following:
                    ``(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 transnational repression (as 
                such term is defined in section 3(3) of the 
                International Freedom Protection Act), including--
                            ``(i) how to recognize threats of 
                        transnational repression;
                            ``(ii) an overview of relevant laws that 
                        can be invoked to combat such threats; and
                            ``(iii) how to support individuals 
                        experiencing transnational repression.''.

SEC. 5. STRENGTHENING TOOLS TO COMBAT AUTHORITARIANISM.

    (a) Transnational Repression.--The President shall consider the use 
of transnational repression by a foreign person in determining whether 
to impose sanctions with respect to such foreign person under--
            (1) the Global Magnitsky Human Rights Accountability Act 
        (22 U.S.C. 10101 et seq.);
            (2) section 7031(c) of the Department of State, Foreign 
        Operations, and Related Programs Appropriations Act, 2023 
        (division K of Public Law 117-328; 8 U.S.C. 1182 note); or
            (3) any other relevant statutory provision granting human 
        rights-related sanctions authority under which a foreign person 
        has been sanctioned.
    (b) Modifications to the Global Magnitsky Human Rights 
Accountability Act.--Section 1263 of the Global Magnitsky Human Rights 
Accountability Act (subtitle F of title XII of Public Law 114-328; 22 
U.S.C. 2656 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``or'' at the 
                end;
                    (B) by striking paragraph (4); and
                    (C) by inserting after paragraph (3) the following:
            ``(4) is responsible for or complicit in, or has directly 
        or indirectly engaged in, significant actions or policies that 
        undermine democratic processes or institutions; or
            ``(5) has materially assisted, sponsored, or provided 
        financial, material, or technological support for, or goods or 
        services in support of, an activity described in this 
        subsection.''; and
            (2) in subsection (d)(2), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) Requests relating to corruption.--A request 
                described in paragraph (1) with respect to whether a 
                foreign person has engaged in an activity described in 
                paragraph (3) or (5) of subsection (a) shall be 
                submitted to the President in writing jointly by the 
                chairperson and the ranking member of--
                            ``(i) any of the appropriate congressional 
                        committees of the Senate; and
                            ``(ii) any of the appropriate congressional 
                        committees of the House of Representatives.
                    ``(C) Requests relating to undermining democracy.--
                A request described in paragraph (1) with respect to 
                whether a foreign person has engaged in an activity 
                described in subsection (a)(4) shall be submitted in 
                writing to the President jointly by the chairperson and 
                ranking member of any of the appropriate congressional 
                committees.''.
    (c) Anti-Kleptocracy and Human Rights Ineligibility.--
            (1) Ineligibility.--
                    (A) Significant corruption or human rights 
                violations.--Except as provided in paragraphs (2) and 
                (3), a foreign government official shall be ineligible 
                for entry into the United States if the Secretary of 
                State determines that such official was knowingly 
                directly or indirectly involved in--
                            (i) significant corruption, including 
                        corruption related to the extraction of natural 
                        resources; or
                            (ii) a gross violation of human rights, 
                        including the wrongful detention of--
                                    (I) locally employed staff of a 
                                United States diplomatic mission; or
                                    (II) a United States citizen or 
                                national.
                    (B) Undermining democratic governance.--Except as 
                provided in paragraphs (2) and (3), a foreign 
                government official may be ineligible for entry into 
                the United States if the Secretary of State determines 
                that such official was knowingly directly or indirectly 
                involved in significant actions that undermine 
                democratic governance.
                    (C) Immediate family members.--The immediate family 
                members of an official described in subparagraph (A) or 
                (B) may be subject to the same restriction on entry 
                into the United States as such official.
                    (D) Referral.--The Secretary of State, in 
                implementing this subsection, shall, as appropriate, 
                provide information regarding the actions of officials 
                described in subparagraphs (A) and (B) to the Office of 
                Foreign Assets Control of the Department of the 
                Treasury, which shall determine whether to impose 
                sanctions authorized under Federal law to block the 
                transfer of property and interests in property, and all 
                financial transactions, in the United States involving 
                any such official.
                    (E) Designation or determination.--The Secretary of 
                State shall publicly or privately designate or make the 
                determination that the foreign government officials or 
                party members about whom the Secretary has made such 
                designation or determination regarding significant 
                corruption or gross violations of human rights, and 
                their immediate family members, without regard to 
                whether any such individual has applied for a visa.
            (2) Exceptions.--
                    (A) In general.--Individuals are not ineligible for 
                entry into the United States pursuant to paragraph (1) 
                if such entry--
                            (i) would further important United States 
                        law enforcement objectives; or
                            (ii) is necessary to permit the United 
                        States to fulfill its obligations under 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 under other international obligations 
                        of the United States.
                    (B) Savings provision.--Nothing in paragraph (1) 
                may be construed to derogate from United States 
                Government obligations under applicable international 
                agreements or obligations.
            (3) Waiver.--The Secretary of State may waive the 
        application of paragraph (1) with respect to any individual if 
        the Secretary determines that--
                    (A) such waiver would serve a compelling national 
                interest of the United States; or
                    (B) the circumstances that caused such individual 
                to be ineligible for entry into the United States have 
                sufficiently changed.
            (4) Semiannual report.--
                    (A) In general.--Not later than 30 days after the 
                date of the enactment of this Act, and every 180 days 
                thereafter, the Secretary of State shall submit a 
                report, including a classified annex if necessary, to 
                the Committee on Foreign Relations of the Senate and 
                the Committee on Foreign Affairs of the House of 
                Representatives. Each such report shall include--
                            (i) all relevant information relating to 
                        corruption, human rights violations, or 
                        undermining democratic governance that was a 
                        factor in identifying, during the most recent 
                        12-month period--
                                    (I) individuals who are ineligible 
                                for entry into the United States under 
                                paragraph (1)(A);
                                    (II) individuals about whom the 
                                Secretary has made a designation or 
                                determination pursuant to paragraph 
                                (1)(E); and
                                    (III) individuals who would be 
                                ineligible for entry into the United 
                                States under paragraph (1)(A), but were 
                                excluded from such restriction pursuant 
                                to paragraph (2);
                            (ii) a list of any waivers granted by the 
                        Secretary pursuant to paragraph (3); and
                            (iii) a description of the justification 
                        for each such waiver.
                    (B) Posting of report.--The unclassified portion of 
                each report required under subparagraph (A) shall be 
                posted on a publicly accessible website of the 
                Department of State.
            (5) Clarification.--For purposes of paragraphs (1) and (4), 
        the records of the Department of State and of diplomatic and 
        consular offices of the United States pertaining to the 
        issuance or refusal of visas or permits to enter the United 
        States shall not be considered confidential.
    (d) Restriction on Assistance in the Wake of a Coup D'etat.--
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 
2751 et seq.) is amended by adding at the end the following:

``SEC. 620N. LIMITATION ON ASSISTANCE IN THE WAKE OF A COUP D'ETAT.

    ``(a) In General.--Except as provided under subsections (b) and 
(d), no assistance may be furnished under this Act or under the Arms 
Export Control Act (22 U.S.C. 2751) to the central government of any 
country in which the duly elected head of government was deposed by a 
military coup d'etat or decree or a coup d'etat or decree in which the 
military played a decisive role.
    ``(b) Exemption for National Security.--The Secretary of State, 
after consultation with the heads of relevant Federal agencies, may 
waive the restriction on assistance described in subsection (a) if the 
Secretary certifies and reports to the appropriate congressional 
committees, not later than 30 days before the provision of such 
assistance to such government, that such waiver is in the national 
security interest of the United States.
    ``(c) Resumption of Assistance.--Assistance to a foreign government 
that is subject to the restriction described in subsection (a) may be 
resumed if the Secretary of State certifies and reports to the 
appropriate congressional committees, not fewer than 30 days before the 
resumption of such assistance, that a democratically elected government 
has taken office subsequent to the termination of assistance pursuant 
to subsection (a).
    ``(d) Exception for Democracy and Humanitarian Assistance.--The 
restriction under subsection (a) shall not apply to any assistance 
used--
            ``(1) to promote democratic elections or public 
        participation in the democratic processes;
            ``(2) to support a democratic transition; or
            ``(3) for humanitarian purposes.
    ``(e) Defined Term.--In this section, the term `appropriate 
congressional committees' means--
            ``(1) the Committee on Foreign Relations of the Senate;
            ``(2) the Committee on Appropriations of the Senate;
            ``(3) the Committee on Foreign Affairs of the House of 
        Representatives; and
            ``(4) the Committee on Appropriations of the House of 
        Representatives.''.

SEC. 6. COMBATING CORRUPTION AND KLEPTOCRACY.

    (a) Prioritization.--The Secretary of State and the Administrator 
of the United States Agency for International Development shall combat 
authoritarianism by prioritizing governance and anti-corruption 
activities and programs that--
            (1) enhance the transparency, accountability, and 
        responsiveness of governments across relevant sectors;
            (2)(A) improve the detection and exposure of corruption 
        crimes, including crimes that cross borders;
            (B) improve citizen oversight and advocacy;
            (C) protect free expression and civic activism; and
            (D) support investigative journalism and media 
        independence;
            (3)(A) expand the investigation and prosecution of corrupt 
        acts;
            (B) hold corrupt actors accountable;
            (C) promote the adoption and implementation of 
        anticorruption preventive measures; and
            (D) promote good governance, public administration, and 
        impartial judiciaries;
            (4) address corruption in key sectors, whether at the level 
        of--
                    (A) delivery of services to citizens;
                    (B) important governmental processes, such as 
                procurement; or
                    (C) priority economic sectors;
            (5) strengthen democratic norms and standards at the local, 
        national, regional, and international levels;
            (6) augment cooperation with the private sector and key 
        industries to root out corruption that--
                    (A) harms competitiveness, economic growth, and 
                development; and
                    (B) taints critical supply chains;
            (7) address corrosive capital and the strategic use of 
        corruption by authoritarian states to undermine democracy and 
        good governance; and
            (8) provide essential skills and resources to civil society 
        and media--
                    (A) to counter corruption; and
                    (B) to address the weak governance and poor human 
                rights conditions that cultivate corruption.
    (b) Kleptocracy Asset Recovery Rewards Program.--Section 36(b) of 
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)) 
is amended--
            (1) in paragraph (13), by striking ``or'' at the end;
            (2) in paragraph (14), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(15) the restraining, seizing, forfeiting, or 
        repatriating of stolen assets linked to foreign government 
        corruption and the proceeds of such corruption.''.

SEC. 7. INVESTING IN DEMOCRACY RESEARCH AND DEVELOPMENT.

    (a) Program for Democracy Research and Development.--The Secretary 
of State, in consultation with the Administrator of the United States 
Agency for International Development, shall establish a program for 
democracy research and development that--
            (1) supports research and development by the Department of 
        State, the United States Agency for International Development, 
        and the National Endowment for Democracy on policies and 
        programs relating to democracy efforts;
            (2) drives innovation within such agencies regarding the 
        response to complex, multidimensional challenges to democracy, 
        including--
                    (A) combating transnational kleptocracy;
                    (B) mitigating hyperpolarization;
                    (C) countering malign authoritarian influence; and
                    (D) leveraging emerging technology for democracy;
            (3) incentivizes collaboration among governments, 
        nongovernmental organizations, and the private sector to 
        identify and mitigate threats to global democracy;
            (4) identifies lessons learned and best practices for 
        democracy programs and diplomatic approaches to create feedback 
        loops and shape future evidence-based programming and 
        diplomacy;
            (5) encourages private sector actors to establish and 
        implement business practices that will--
                    (A) strengthen democratic institutions;
                    (B) bolster democratic processes; and
                    (C) support democracy activists and human rights 
                defenders; and
            (6) strengthens the resilience of democratic actors and 
        institutions.
    (b) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary of State, in consultation with the 
Administrator of the United States Agency for International 
Development, shall submit a report to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives that describes the efforts and results of the 
program established pursuant to subsection (a).

SEC. 8. ADDRESSING AUTHORITARIANS IN THE MULTILATERAL SYSTEM.

    It is the sense of Congress that the Secretary of State and the 
United States Permanent Representative to the United Nations should use 
the voice, vote, and influence of the United States at the United 
Nations and with other multilateral bodies--
            (1)(A) to promote the full participation of civil society 
        actors within the United National Human Rights Council and 
        other multilateral bodies;
            (B) to closely monitor instances of reprisals against such 
        actors; and
            (C) to support the use of targeted sanctions, censure of 
        member states, and other diplomatic measures to hold 
        responsible any person who engages in reprisals against human 
        rights defenders and civil society within such multilateral 
        bodies;
            (2) to reform the process for suspending the rights of 
        membership in the United Nations Human Rights Council for 
        member states that commit gross and systemic violations of 
        human rights, including--
                    (A) ensuring information detailing the member 
                state's human rights record is publicly available 
                before a vote for membership or a vote on suspending 
                the rights of membership of such member state; and
                    (B) making publicly available the vote of each 
                member state on the suspension of rights of membership 
                from the United Nations Human Rights Council;
            (3) to reform the rules for electing members to the United 
        Nations Human Rights Council to seek to ensure that member 
        states that have committed gross and systemic violations of 
        human rights are not elected to the Human Rights Council; and
            (4) to oppose the election to the United Nations Human 
        Rights Council of any member state--
                    (A) that engages in a consistent pattern of gross 
                violations of internationally recognized human rights, 
                as determined pursuant to section 116 or 502B of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 
                2304);
                    (B) the government of which has repeatedly provided 
                support for acts of international terrorism, as 
                determined pursuant to section 620A of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2371);
                    (C) that is designated as a Tier 3 country under 
                section 110(b)(1)(C) of the Trafficking Victims 
                Protection Act of 2000 (22 U.S.C. 7107(b)(1)(C));
                    (D) that is included on the list published by the 
                Secretary of State pursuant to section 404(b)(1) of the 
                Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c-
                1(b)(1)) as a government that recruits and uses child 
                soldiers; or
                    (E) the government of which the United States 
                determines to have committed genocide, crimes against 
                humanity, war crimes, or ethnic cleansing.

SEC. 9. CONFRONTING DIGITAL AUTHORITARIANISM.

    (a) Statement of Policy.--It is the policy of the United States--
            (1) to combat digital authoritarianism, including the use 
        of digital technologies, that--
                    (A) restricts the exercise of civil and political 
                rights;
                    (B) weakens democratic processes and institutions, 
                including elections; or
                    (C) surveils, censors, or represses human rights 
                defenders, democracy activists, civil society actors, 
                independent media, or political opponents;
            (2) to counter misinformation and disinformation, 
        especially in the digital domain;
            (3) to promote internet freedom and elevate the protection 
        of human rights and democratic principles in the design and 
        deployment of current and emerging technologies; and
            (4) to support efforts to counter government censorship and 
        surveillance, including efforts--
                    (A) to bypass internet shutdowns and other forms of 
                censorship, including blocks on services through 
                circumvention technologies; and
                    (B) to provide digital security and digital 
                activism support and training for democracy activists, 
                human rights defenders, journalists, and other at-risk 
                groups.
    (b) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of State, in coordination with the 
Administrator of the United States Agency for International 
Development, shall submit a report to the appropriate congressional 
committees that describes the Department of State's efforts to 
implement the policy objectives described in subsection (a).

SEC. 10. PROTECTING POLITICAL PRISONERS.

    (a) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of State shall submit a report to 
the Committee on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives that includes, with 
respect to unjustly detained political prisoners worldwide--
            (1) a description of existing Department of State processes 
        and efforts to carry out the political prisoner-related 
        activities described in subsection (b);
            (2) an assessment of any resource gaps or institutional 
        deficiencies that adversely impact the Department of State's 
        ability to engage in the activities described in subsection (b) 
        in order to respond to increasing numbers of unjustly detained 
        political prisoners; and
            (3) a strategy for enhancing the efforts of the Department 
        of State and other Federal agencies to carry out the political 
        prisoner-related activities described in subsection (b).
    (b) Political Prisoner-Related Activities.--The report required 
under subsection (a) shall include a description of the Department of 
State's efforts--
            (1) to monitor regional and global trends concerning 
        unjustly detained political prisoners and maintain information 
        regarding individual cases;
            (2) to consistently raise concerns regarding unjustly 
        detained political prisoners, including specific individuals, 
        through public and private engagement with foreign governments, 
        public reporting, and multilateral engagement;
            (3) to routinely--
                    (A) attend the trials of political prisoners;
                    (B) conduct wellness visits of political prisoners, 
                to the extent practicable and pending approval from 
                political prisoners or their legal counsel;
                    (C) visit political prisoners incarcerated under 
                home arrest, subject to a travel ban, or confined in 
                detention; and
                    (D) report on the well-being of such political 
                prisoners;
            (4) to regularly request information and specific actions 
        related to individual prisoners' medical conditions, treatment, 
        access to legal counsel, location, and family visits;
            (5) to identify cases in which an imminent arrest, a 
        potential re-arrest, or physical violence poses a risk to an 
        at-risk individual;
            (6) to utilize foreign assistance resources to provide 
        support to civil society and others advocating for the release 
        of unjustly detained political prisoners;
            (7) to utilize embassy resources to provide shelter or 
        facilitate the safe evacuation of willing individuals and their 
        families, whenever feasible; and
            (8) to use sanctions and other accountability mechanisms to 
        encourage the release of unjustly detained political prisoners.
                                 <all>