[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4779-S4781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2462. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

              Subtitle G--International Freedom Protection

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``International Freedom 
     Protection Act''.

     SEC. 1292. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Relevant federal agencies.--The term ``relevant Federal 
     agencies'' means--
       (A) the Department of State; and
       (B) the United States Agency for International Development.
       (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. 1293. 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, 
     including by protecting targeted individuals and groups, 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 and the 
     Administrator of the United States Agency for International 
     Development 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 and the Administrator of the United States Agency for 
     International Development shall develop and provide training 
     to relevant personnel, including appropriate Foreign Service 
     nationals, of the Department of State and the United States 
     Agency for International Development, 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:

[[Page S4780]]

       ``(E) for Foreign Service Officers and Presidential 
     appointees, including chiefs of mission and USAID Mission 
     Directors, 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 1292(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. 1294. 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.); or
       (2) 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 until 5 years after such date of 
     enactment, 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) and (2) 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 
     until 5 years after such date of enactment, 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 an annual 
     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; and
       ``(2) the Committee on Foreign Affairs of the House of 
     Representatives.''.

     SEC. 1295. 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. 1296. INVESTING IN DEMOCRACY RESEARCH AND DEVELOPMENT.

       The Secretary of State, in coordination 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;

[[Page S4781]]

       (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. 1297. 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. 1298. 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 and the 
     Administrator of the United States Agency for International 
     Development shall submit a report to the appropriate 
     congressional committees that describes the efforts to 
     implement the policy objectives described in subsection (a).

     SEC. 1299. 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.
                                 ______