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

<DOC>





                                                       Calendar No. 375
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

                              May 7, 2024

               Reported by Mr. Cardin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

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

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

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Since 2006, autocratic forces and illiberal 
        forces have been on the rise, with emboldened autocrats from 
        China, Russia, and Iran--</DELETED>
                <DELETED>    (A) refining their tactics to undermine 
                democracy globally;</DELETED>
                <DELETED>    (B) suppressing dissent to sustain their 
                own regimes; and</DELETED>
                <DELETED>    (C) frequently collaborating with each 
                another in such efforts.</DELETED>
        <DELETED>    (3) The rise of authoritarianism--</DELETED>
                <DELETED>    (A) undermines the national security of 
                the United States and the security of our democratic 
                allies and partners;</DELETED>
                <DELETED>    (B) creates instability;</DELETED>
                <DELETED>    (C) weakens the rule of law; and</DELETED>
                <DELETED>    (D) increases the risk of war.</DELETED>
        <DELETED>    (4) Democracies are ill-prepared to fight back 
        against the growing complexity and emerging challenges posed by 
        autocratic and illiberal forces.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Foreign Relations of 
                the Senate;</DELETED>
                <DELETED>    (B) the Committee on Appropriations of the 
                Senate;</DELETED>
                <DELETED>    (C) the Committee on Foreign Affairs of 
                the House of Representatives; and</DELETED>
                <DELETED>    (D) the Committee on Appropriations of the 
                House of Representatives.</DELETED>
        <DELETED>    (2) Relevant federal agencies.--The term 
        ``relevant Federal agencies'' means--</DELETED>
                <DELETED>    (A) the Department of State;</DELETED>
                <DELETED>    (B) the United States Agency for 
                International Development; and</DELETED>
                <DELETED>    (C) other Federal agencies that are 
                relevant for purposes of this Act.</DELETED>
        <DELETED>    (3) Transnational repression.--The term 
        ``transnational repression''--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) may include--</DELETED>
                        <DELETED>    (i) extrajudicial 
                        killings;</DELETED>
                        <DELETED>    (ii) physical assaults and 
                        intimidation;</DELETED>
                        <DELETED>    (iii) arbitrary 
                        detentions;</DELETED>
                        <DELETED>    (iv) renditions;</DELETED>
                        <DELETED>    (v) deportations;</DELETED>
                        <DELETED>    (vi) unexplained or enforced 
                        disappearances;</DELETED>
                        <DELETED>    (vii) physical or online 
                        surveillance or stalking;</DELETED>
                        <DELETED>    (viii) unwarranted passport 
                        cancellation or control over other 
                        identification documents;</DELETED>
                        <DELETED>    (ix) abuse of international law 
                        enforcement systems;</DELETED>
                        <DELETED>    (x) unlawful asset 
                        freezes;</DELETED>
                        <DELETED>    (xi) digital threats, such as 
                        cyberattacks, targeted surveillance and 
                        spyware, online harassment, and intimidation; 
                        and</DELETED>
                        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. COMBATING TRANSNATIONAL REPRESSION ABROAD.</DELETED>

<DELETED>    (a) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Statement of Policy on Transnational Repression.--It 
is the policy of the United States--</DELETED>
        <DELETED>    (1) to regard transnational repression as a direct 
        threat to the United States national interests of upholding and 
        promoting democratic values and human rights;</DELETED>
        <DELETED>    (2) to address transnational repression, including 
        by protecting targeted individuals and groups;</DELETED>
        <DELETED>    (3) to strengthen the actions of United States 
        embassy and mission staff in countering transnational 
        repression, including by--</DELETED>
                <DELETED>    (A) monitoring and documenting instances 
                of transnational repression;</DELETED>
                <DELETED>    (B) conducting regular outreach with at-
                risk or affected populations to provide information 
                regarding available resources without putting such 
                people at further risk; and</DELETED>
                <DELETED>    (C) working with local and national law 
                enforcement, as appropriate, to support victims of 
                transnational repression;</DELETED>
        <DELETED>    (4) to develop policy and programmatic responses 
        based on input from--</DELETED>
                <DELETED>    (A) vulnerable populations who are at risk 
                of, or are experiencing, transnational 
                repression;</DELETED>
                <DELETED>    (B) nongovernmental organizations working 
                on issues of transnational repression; and</DELETED>
                <DELETED>    (C) the private sector;</DELETED>
        <DELETED>    (5) to provide training to relevant Federal 
        personnel--</DELETED>
                <DELETED>    (A) to enhance their understanding of 
                transnational repression; and</DELETED>
                <DELETED>    (B) to identify and combat threats of 
                transnational repression;</DELETED>
        <DELETED>    (6) to strengthen documentation and monitoring by 
        the United States Government of transnational repression in 
        foreign countries and within international organizations; 
        and</DELETED>
        <DELETED>    (7) to seek to hold perpetrators of transnational 
        repression accountable, including through the use of targeted 
        sanctions and visa restrictions.</DELETED>
<DELETED>    (c) Report on Transnational Repression.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Elements.--The report required under paragraph 
        (1) shall include--</DELETED>
                <DELETED>    (A) a detailed description and assessment 
                of United States Government efforts to monitor, 
                prevent, and respond to transnational repression 
                abroad;</DELETED>
                <DELETED>    (B) a detailed accounting, disaggregated 
                by country, of the most common tactics of transnational 
                repression;</DELETED>
                <DELETED>    (C) instances of transnational repression 
                occurring within international organizations;</DELETED>
                <DELETED>    (D) a list of countries perpetrating acts 
                of transnational repression;</DELETED>
                <DELETED>    (E) a list of countries whose governments 
                are known to frequently cooperate with other 
                governments in committing transnational 
                repression;</DELETED>
                <DELETED>    (F) a description of--</DELETED>
                        <DELETED>    (i) efforts by personnel at United 
                        States embassies and missions to support 
                        victims of or those at risk of transnational 
                        repression; and</DELETED>
                        <DELETED>    (ii) resources provided to United 
                        States embassies and missions to support such 
                        efforts; and</DELETED>
                <DELETED>    (G) a strategy to strengthen interagency 
                efforts and coordination to combat transnational 
                repression, which shall include--</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) improving export 
                                licensing policy, including by applying 
                                additional scrutiny to export licensing 
                                applications for products exported to 
                                perpetrators;</DELETED>
                                <DELETED>    (II) protecting personal 
                                digital data from being used for the 
                                purposes of transnational 
                                repression;</DELETED>
                                <DELETED>    (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;</DELETED>
                                <DELETED>    (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;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) to improve the 
                                documentation, investigation, and 
                                research of cases, trends, and tactics 
                                of transnational repression; 
                                and</DELETED>
                                <DELETED>    (II) to promote 
                                accountability and transparency in 
                                government actions impacting victims of 
                                transnational repression; and</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Form of report.--The report required under 
        paragraph (1) shall be submitted in unclassified form, but may 
        include a classified annex.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) identifying physical and nonphysical threats 
        of transnational repression;</DELETED>
        <DELETED>    (2) foreign governments that are most frequently 
        involved in transnational repression;</DELETED>
        <DELETED>    (3) foreign governments that are known to 
        frequently cooperate with other governments in committing 
        transnational repression;</DELETED>
        <DELETED>    (4) digital surveillance and cyber tools commonly 
        used in transnational repression;</DELETED>
        <DELETED>    (5) safe outreach methods for vulnerable 
        populations at risk of transnational repression; and</DELETED>
        <DELETED>    (6) tools to respond to transnational repression 
        threats, including relevant authorities which may be 
        invoked.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in subparagraph (C), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (2) in subparagraph (D), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) how to recognize threats of 
                        transnational repression;</DELETED>
                        <DELETED>    ``(ii) an overview of relevant 
                        laws that can be invoked to combat such 
                        threats; and</DELETED>
                        <DELETED>    ``(iii) how to support individuals 
                        experiencing transnational 
                        repression.''.</DELETED>

<DELETED>SEC. 5. STRENGTHENING TOOLS TO COMBAT 
              AUTHORITARIANISM.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) the Global Magnitsky Human Rights 
        Accountability Act (22 U.S.C. 10101 et seq.);</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) any other relevant statutory provision 
        granting human rights-related sanctions authority under which a 
        foreign person has been sanctioned.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (3), by striking ``or'' 
                at the end;</DELETED>
                <DELETED>    (B) by striking paragraph (4); 
                and</DELETED>
                <DELETED>    (C) by inserting after paragraph (3) the 
                following:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) in subsection (d)(2), by striking subparagraph 
        (B) and inserting the following:</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) any of the appropriate 
                        congressional committees of the Senate; 
                        and</DELETED>
                        <DELETED>    ``(ii) any of the appropriate 
                        congressional committees of the House of 
                        Representatives.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Anti-Kleptocracy and Human Rights Ineligibility.--
</DELETED>
        <DELETED>    (1) Ineligibility.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) significant corruption, 
                        including corruption related to the extraction 
                        of natural resources; or</DELETED>
                        <DELETED>    (ii) a gross violation of human 
                        rights, including the wrongful detention of--
                        </DELETED>
                                <DELETED>    (I) locally employed staff 
                                of a United States diplomatic mission; 
                                or</DELETED>
                                <DELETED>    (II) a United States 
                                citizen or national.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Exceptions.--</DELETED>
                <DELETED>    (A) In general.--Individuals are not 
                ineligible for entry into the United States pursuant to 
                paragraph (1) if such entry--</DELETED>
                        <DELETED>    (i) would further important United 
                        States law enforcement objectives; or</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (B) Savings provision.--Nothing in 
                paragraph (1) may be construed to derogate from United 
                States Government obligations under applicable 
                international agreements or obligations.</DELETED>
        <DELETED>    (3) Waiver.--The Secretary of State may waive the 
        application of paragraph (1) with respect to any individual if 
        the Secretary determines that--</DELETED>
                <DELETED>    (A) such waiver would serve a compelling 
                national interest of the United States; or</DELETED>
                <DELETED>    (B) the circumstances that caused such 
                individual to be ineligible for entry into the United 
                States have sufficiently changed.</DELETED>
        <DELETED>    (4) Semiannual report.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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--
                        </DELETED>
                                <DELETED>    (I) individuals who are 
                                ineligible for entry into the United 
                                States under paragraph 
                                (1)(A);</DELETED>
                                <DELETED>    (II) individuals about 
                                whom the Secretary has made a 
                                designation or determination pursuant 
                                to paragraph (1)(E); and</DELETED>
                                <DELETED>    (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);</DELETED>
                        <DELETED>    (ii) a list of any waivers granted 
                        by the Secretary pursuant to paragraph (3); 
                        and</DELETED>
                        <DELETED>    (iii) a description of the 
                        justification for each such waiver.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(d) Exception for Democracy and Humanitarian 
Assistance.--The restriction under subsection (a) shall not apply to 
any assistance used--</DELETED>
        <DELETED>    ``(1) to promote democratic elections or public 
        participation in the democratic processes;</DELETED>
        <DELETED>    ``(2) to support a democratic transition; 
        or</DELETED>
        <DELETED>    ``(3) for humanitarian purposes.</DELETED>
<DELETED>    ``(e) Defined Term.--In this section, the term 
`appropriate congressional committees' means--</DELETED>
        <DELETED>    ``(1) the Committee on Foreign Relations of the 
        Senate;</DELETED>
        <DELETED>    ``(2) the Committee on Appropriations of the 
        Senate;</DELETED>
        <DELETED>    ``(3) the Committee on Foreign Affairs of the 
        House of Representatives; and</DELETED>
        <DELETED>    ``(4) the Committee on Appropriations of the House 
        of Representatives.''.</DELETED>

<DELETED>SEC. 6. COMBATING CORRUPTION AND KLEPTOCRACY.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) enhance the transparency, accountability, and 
        responsiveness of governments across relevant 
        sectors;</DELETED>
        <DELETED>    (2)(A) improve the detection and exposure of 
        corruption crimes, including crimes that cross 
        borders;</DELETED>
        <DELETED>    (B) improve citizen oversight and 
        advocacy;</DELETED>
        <DELETED>    (C) protect free expression and civic activism; 
        and</DELETED>
        <DELETED>    (D) support investigative journalism and media 
        independence;</DELETED>
        <DELETED>    (3)(A) expand the investigation and prosecution of 
        corrupt acts;</DELETED>
        <DELETED>    (B) hold corrupt actors accountable;</DELETED>
        <DELETED>    (C) promote the adoption and implementation of 
        anticorruption preventive measures; and</DELETED>
        <DELETED>    (D) promote good governance, public 
        administration, and impartial judiciaries;</DELETED>
        <DELETED>    (4) address corruption in key sectors, whether at 
        the level of--</DELETED>
                <DELETED>    (A) delivery of services to 
                citizens;</DELETED>
                <DELETED>    (B) important governmental processes, such 
                as procurement; or</DELETED>
                <DELETED>    (C) priority economic sectors;</DELETED>
        <DELETED>    (5) strengthen democratic norms and standards at 
        the local, national, regional, and international 
        levels;</DELETED>
        <DELETED>    (6) augment cooperation with the private sector 
        and key industries to root out corruption that--</DELETED>
                <DELETED>    (A) harms competitiveness, economic 
                growth, and development; and</DELETED>
                <DELETED>    (B) taints critical supply 
                chains;</DELETED>
        <DELETED>    (7) address corrosive capital and the strategic 
        use of corruption by authoritarian states to undermine 
        democracy and good governance; and</DELETED>
        <DELETED>    (8) provide essential skills and resources to 
        civil society and media--</DELETED>
                <DELETED>    (A) to counter corruption; and</DELETED>
                <DELETED>    (B) to address the weak governance and 
                poor human rights conditions that cultivate 
                corruption.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in paragraph (13), by striking ``or'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (14), by striking the period at 
        the end and inserting ``; or''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(15) the restraining, seizing, forfeiting, or 
        repatriating of stolen assets linked to foreign government 
        corruption and the proceeds of such corruption.''.</DELETED>

<DELETED>SEC. 7. INVESTING IN DEMOCRACY RESEARCH AND 
              DEVELOPMENT.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) drives innovation within such agencies 
        regarding the response to complex, multidimensional challenges 
        to democracy, including--</DELETED>
                <DELETED>    (A) combating transnational 
                kleptocracy;</DELETED>
                <DELETED>    (B) mitigating 
                hyperpolarization;</DELETED>
                <DELETED>    (C) countering malign authoritarian 
                influence; and</DELETED>
                <DELETED>    (D) leveraging emerging technology for 
                democracy;</DELETED>
        <DELETED>    (3) incentivizes collaboration among governments, 
        nongovernmental organizations, and the private sector to 
        identify and mitigate threats to global democracy;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) encourages private sector actors to establish 
        and implement business practices that will--</DELETED>
                <DELETED>    (A) strengthen democratic 
                institutions;</DELETED>
                <DELETED>    (B) bolster democratic processes; 
                and</DELETED>
                <DELETED>    (C) support democracy activists and human 
                rights defenders; and</DELETED>
        <DELETED>    (6) strengthens the resilience of democratic 
        actors and institutions.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 8. ADDRESSING AUTHORITARIANS IN THE MULTILATERAL 
              SYSTEM.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1)(A) to promote the full participation of civil 
        society actors within the United National Human Rights Council 
        and other multilateral bodies;</DELETED>
        <DELETED>    (B) to closely monitor instances of reprisals 
        against such actors; and</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) making publicly available the vote of 
                each member state on the suspension of rights of 
                membership from the United Nations Human Rights 
                Council;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) to oppose the election to the United Nations 
        Human Rights Council of any member state--</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (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));</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (E) the government of which the United 
                States determines to have committed genocide, crimes 
                against humanity, war crimes, or ethnic 
                cleansing.</DELETED>

<DELETED>SEC. 9. CONFRONTING DIGITAL AUTHORITARIANISM.</DELETED>

<DELETED>    (a) Statement of Policy.--It is the policy of the United 
States--</DELETED>
        <DELETED>    (1) to combat digital authoritarianism, including 
        the use of digital technologies, that--</DELETED>
                <DELETED>    (A) restricts the exercise of civil and 
                political rights;</DELETED>
                <DELETED>    (B) weakens democratic processes and 
                institutions, including elections; or</DELETED>
                <DELETED>    (C) surveils, censors, or represses human 
                rights defenders, democracy activists, civil society 
                actors, independent media, or political 
                opponents;</DELETED>
        <DELETED>    (2) to counter misinformation and disinformation, 
        especially in the digital domain;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) to support efforts to counter government 
        censorship and surveillance, including efforts--</DELETED>
                <DELETED>    (A) to bypass internet shutdowns and other 
                forms of censorship, including blocks on services 
                through circumvention technologies; and</DELETED>
                <DELETED>    (B) to provide digital security and 
                digital activism support and training for democracy 
                activists, human rights defenders, journalists, and 
                other at-risk groups.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 10. PROTECTING POLITICAL PRISONERS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) a description of existing Department of State 
        processes and efforts to carry out the political prisoner-
        related activities described in subsection (b);</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Political Prisoner-Related Activities.--The report 
required under subsection (a) shall include a description of the 
Department of State's efforts--</DELETED>
        <DELETED>    (1) to monitor regional and global trends 
        concerning unjustly detained political prisoners and maintain 
        information regarding individual cases;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) to routinely--</DELETED>
                <DELETED>    (A) attend the trials of political 
                prisoners;</DELETED>
                <DELETED>    (B) conduct wellness visits of political 
                prisoners, to the extent practicable and pending 
                approval from political prisoners or their legal 
                counsel;</DELETED>
                <DELETED>    (C) visit political prisoners incarcerated 
                under home arrest, subject to a travel ban, or confined 
                in detention; and</DELETED>
                <DELETED>    (D) report on the well-being of such 
                political prisoners;</DELETED>
        <DELETED>    (4) to regularly request information and specific 
        actions related to individual prisoners' medical conditions, 
        treatment, access to legal counsel, location, and family 
        visits;</DELETED>
        <DELETED>    (5) to identify cases in which an imminent arrest, 
        a potential re-arrest, or physical violence poses a risk to an 
        at-risk individual;</DELETED>
        <DELETED>    (6) to utilize foreign assistance resources to 
        provide support to civil society and others advocating for the 
        release of unjustly detained political prisoners;</DELETED>
        <DELETED>    (7) to utilize embassy resources to provide 
        shelter or facilitate the safe evacuation of willing 
        individuals and their families, whenever feasible; 
        and</DELETED>
        <DELETED>    (8) to use sanctions and other accountability 
        mechanisms to encourage the release of unjustly detained 
        political prisoners.</DELETED>

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. Amendment to Rewards for Justice Program.
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 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) Authoritarian governments are increasingly employing 
        both physical and nonphysical transnational repression tactics 
        that reach across borders to silence, coerce, harass, or harm 
        individuals for peacefully exercising their internationally-
        recognized human rights and fundamental freedoms, which 
        produces a chilling effect that compels people to modify their 
        behavior due to fear.
            (4) 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.
            (5) Democracies are ill-prepared to fight back against the 
        growing complexity and emerging challenges posed by autocratic 
        forces.
            (6) There is an urgent need to modernize the United States 
        Government's approach to countering authoritarianism, including 
        by revitalizing and strengthening 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 actions of a foreign government, or 
                agents of a foreign government, involving the 
                transgression of national borders through physical, 
                digital, or analog means to intimidate, silence, 
                coerce, harass, or harm members of diaspora 
                populations, political opponents, civil society 
                activists, journalists, or members of ethnic or 
                religious minority groups to prevent their exercise of 
                internationally recognized human rights; 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) Statement of Policy on Transnational Repression.--It is the 
policy of the United States--
            (1) to identify and address transnational repression as a 
        direct threat to the United States national interests of 
        upholding and promoting democratic values and internationally 
        recognized human rights;
            (2) to address transnational repression, including by 
        protecting targeted individuals and groups;
            (3) to strengthen the capacity of United States embassy and 
        mission staff to counter 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 to 
                address 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 by foreign 
        governments in the United States, 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.
    (b) 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 for the 
        following 10 years, the Secretary of State, in consultation 
        with the heads of other relevant Federal agencies, shall submit 
        a classified report to the appropriate congressional committees 
        that assesses the efforts of the United States Government to 
        implement the policy objectives described in subsection (a).
            (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 of the most common 
                tactics of transnational repression;
                    (C) instances of transnational repression occurring 
                within international organizations;
                    (D) 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
                    (E) 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) protecting personal digital 
                                data from being used for the purposes 
                                of transnational repression;
                                    (II) 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; and
                                    (III) 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 classified form, but may include an 
        unclassified annex.
    (c) Training of United States Personnel.--The Secretary of State, 
in coordination with the heads of other relevant Federal departments 
and agencies, shall develop and provide training to relevant personnel 
of the Department of State and other relevant Federal agencies, whether 
serving in the United States or overseas, to advance the purposes of 
this Act, including training on the identification of--
            (1) 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.
    (d) 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 should 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) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and not less frequently than 
        annually thereafter, the Secretary of State shall submit a 
        report to the appropriate congressional committees that, except 
        as provided in paragraph (2), identifies each foreign person 
        about whom the President has made a determination to impose 
        sanctions pursuant to paragraphs (1) through (3) of subsection 
        (a) based on the consideration of the use of transnational 
        repression.
            (2) Exception.--The report required under paragraph (1) may 
        not identify individuals if such identification would interfere 
        with law enforcement efforts.
            (3) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    (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 internationally 
                        recognized human rights (as defined in section 
                        502B(d)(1) of the Foreign Assistance Act of 
                        1961 (22 U.S.C. 2304(d)(1))), including the 
                        wrongful detention of--
                                    (I) locally employed staff of a 
                                United States diplomatic mission; or
                                    (II) a United States citizen or 
                                national.
                    (B) Immediate family members.--The immediate family 
                members of an official described in subparagraph (A) 
                may be subject to the same restriction on entry into 
                the United States as such official.
                    (C) Referral.--The Secretary of State, in 
                implementing this subsection, shall, as appropriate, 
                provide information regarding the actions of officials 
                described in subparagraph (A) 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.
                    (D) 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 internationally 
                recognized 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 or gross violations of 
                        internationally recognized human rights 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); and
                                    (II) individuals about whom the 
                                Secretary has made a designation or 
                                determination pursuant to paragraph 
                                (1)(D); 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 provided 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 head of government, as recognized by the United 
States, 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.--
            ``(1) In general.--The Secretary of State, after 
        consultation with the heads of relevant Federal agencies, may 
        exempt assistance from the restriction described in subsection 
        (a), on a program by program basis for a 90-day renewable 
        period, if the Secretary determines that the continuation of 
        such assistance is in the national security interest of the 
        United States.
            ``(2) Justification.--The Secretary of State shall provide 
        a justification to the appropriate congressional committees for 
        each exemption granted pursuant to paragraph (1) not later than 
        5 days after making such determination.
            ``(3) Updates.--The Secretary of State shall provide 
        periodic updates, not less frequently than every 90 days, 
        regarding the status of any assistance subject to the exemption 
        granted pursuant to paragraph (1).
    ``(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. AMENDMENT TO REWARDS FOR JUSTICE 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.

    The Secretary of State, in consultation with the Administrator of 
the United States Agency for International Development, should 
establish, within the Bureau of Democracy, Human Rights, and Labor, 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;
            (3) identifies lessons learned and best practices for 
        democracy programs and diplomatic approaches to create feedback 
        loops and shape future evidence-based programming and 
        diplomacy;
            (4) encourages private sector actors to establish and 
        implement business practices that will--
                    (A) strengthen democratic institutions; and
                    (B) bolster democratic processes; and
            (5) strengthens the resilience of democratic actors and 
        institutions.

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 Nations 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 
        internationally recognized 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 
        internationally recognized 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 (as defined in the International Covenant on 
                Civil and Political Rights, done at New York December 
                16, 1966);
                    (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 promote internet freedom; and
            (3) 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 support and 
                training for democracy activists, 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 embassy resources to provide shelter or 
        facilitate the safe evacuation of willing individuals and their 
        families, whenever feasible; and
            (7) to use sanctions and other accountability mechanisms to 
        encourage the release of unjustly detained political prisoners.
                                                       Calendar No. 375

118th CONGRESS

  2d Session

                                S. 3854

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 7, 2024

                       Reported with an amendment