[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5427-S5429]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3106. 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 subtitle C of title XII, add the following:
SEC. 1440. SUPPORTING DEMOCRATIC FORCES IN THE RUSSIAN
FEDERATION BY AMPLIFYING THEIR VOICES AND
ADVANCING THEIR ANTI-WAR AGENDA.
(a) Definitions.--In this section and in section 1440A:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(2) Belarusian individual in exile.--The term ``Belarusian
individual in exile'' means a Belarusian individual who has
been unable to return to Belarus because of a credible threat
of persecution.
(3) Credible threat of persecution.--The term ``credible
threat of persecution'' means a threat that causes an
individual to have a reasonable fear of persecution as a
result of the pro-democracy activity of that individual.
(4) Pro-democracy.--
(A) Pro-democracy activist.--The term ``pro-democracy
activist'' means an individual who advocates for democratic
reform.
(B) Pro-democracy activity.--The term ``pro-democracy
activity'' means activity taken to promote democracy.
(5) Russian individual in exile.--The term ``Russian
individual in exile'' means a Russian individual who has been
unable to return to the Russian Federation since February 24,
2022, because of a credible threat of persecution.
(6) Secretary.--The term ``Secretary'' means the Secretary
of State.
(b) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) The United States has sought to support democracy in
the Russian Federation and with Russian individuals since
1991, including through programming by the United States
Agency for International Development (referred to in this
subsection as ``USAID'') valued at $3,000,000,000 between
1992 and 2012 to support democracy, economic growth, health,
women, and youth in the Russian regions.
(B) In May 1997, the North Atlantic Treaty Organization
(referred to in this section as ``NATO'') and the Russian
Federation signed the NATO-Russia Founding Act, which
established a NATO-Russia Permanent Joint Council to build
trust and communication between the two parties.
(C) Numerous nongovernmental organizations in the United
States, including the National Endowment for Democracy, the
American Councils, and the Institute of International
Education have worked to support Russian individuals and
build ties between the people of the United States and the
Russian Federation.
(D) In 2012, the Russian Federation expelled the USAID,
rejecting assistance meant to support Russian individuals and
harming the United States-Russian Federation bilateral
relationship.
(E) In May 2015, the Russian Federation enacted a law that
permits Russian authorities to extrajudicially shut down
foreign and international organizations operating in Russia
by declaring them to be ``undesirable''. Russian authorities
have since labeled as undesirable numerous nongovernmental
organizations that have worked to strengthen the relationship
between the United States and the Russian Federation,
including the National Endowment for Democracy, the American
Councils, and the Institute of International Education.
(F) The Russian Federation launched an illegal and
unprovoked invasion of Ukraine in 2014 and a brutal, full-
scale invasion of
[[Page S5428]]
Ukraine in 2022, which caused NATO to suspend cooperation
with the Russian Federation.
(G) Russian opposition leader, pro-democracy activist, and
anti-corruption campaigner Alexei Navalny died in a Russian
prison on February 16, 2024, the day after he appeared in
court in a healthy condition.
(H) Pulitzer Prize-winning human rights advocate,
historian, and opposition leader Vladimir Kara-Murza is
suffering from declining health while serving an illegal 25-
year jail term that was imposed in retaliation for his
support for democracy in the Russian Federation and his
criticism of the Kremlin's war against Ukraine.
(2) Sense of congress.--It is the sense of Congress that--
(A) the efforts of the Russian Federation to isolate its
people from the world, commit horrific war crimes in Ukraine,
and violently crack down on dissent at home should be
universally condemned; and
(B) Congress will continue its efforts to engage with and
support Russian individuals, many of whom are opposed to the
unjust war by the Russian Federation against Ukraine and
believe in a democratic future for their country.
(c) Russians in Exile Affairs Unit.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary and the
Administrator of USAID, in coordination with the heads of
other relevant agencies and departments, shall submit a
report to the appropriate congressional committees containing
a plan for establishing a ``Russians in Exile Affairs Unit''
(referred to in this subsection as the ``Unit'').
(2) Required elements.--The report required under paragraph
(1) shall contain--
(A) a plan for establishing and staffing the Unit;
(B) a description of how the Department of State and USAID
will carry out the responsibilities described in paragraph
(3);
(C) the estimated annual appropriations required to carry
out such responsibilities;
(D) 3 potential locations in Europe at which the
headquarters of the Unit could be located;
(E) the advantages and disadvantages of establishing the
Unit;
(F) an estimate of the number of Russian individuals in
exile; and
(G) an assessment of Russian individuals in exile,
including--
(i) the reasons such individuals left the Russian
Federation, particularly in relation to--
(I) the invasion of Ukraine in 2022; and
(II) increased political repression in the Russian
Federation;
(ii) how such individuals have been engaged since leaving
the Russian Federation; and
(iii) how United States officials and intermediaries have
communicated with such individuals since the invasion of
Ukraine in 2022.
(3) Duties.--The Unit shall--
(A) facilitate communication and engagement with pro-
democracy activists who are Russian individuals in exile;
(B) report on human rights issues that impact Russian
individuals in exile;
(C) coordinate interagency and international efforts to
combat Russian Federation-sponsored transnational repression;
(D) support Russian individuals in exile who remain outside
the Russian Federation because of fear for their safety;
(E) lead engagement with European and Eurasian governments
and private sector companies to resolve issues impacting
Russian individuals in exile;
(F) assess challenges and develop solutions to problems
faced by Russian individuals in exile, including--
(i) access to bank accounts, credit cards, and online
payment platforms;
(ii) issuance of travel documents, visas, and work permits;
and
(iii) the ability to use technology platforms owned by
companies in the United States and Europe to communicate with
Russian individuals;
(G) evaluate the feasibility of developing a
``whitelist''--
(i) to which a Russian pro-democracy activist can apply to
be recognized by the Department of State as a credible
Russian non-state actor; and
(ii) that the Secretary shall provide to social media
companies, technology companies, financial institutions,
academic institutions, and other stakeholders in the United
States to encourage institutional engagement with the Russian
pro-democracy activist community, including by--
(I) facilitating financial transactions;
(II) monetizing media content produced by pro-democratic
activists in the Russian Federation; and
(III) purchasing political advertisements for distribution
inside the Russian Federation;
(H) collect, facilitate, and assess evidence, presented by
members of the Russian pro-democracy activist community,
regarding significant human rights violations and corruption
perpetrated by individuals connected to Vladimir Putin,
including individuals who are responsible for implementing
war by the Russian Federation against Ukraine and undermining
democracy in the Russian Federation; and
(I) develop a data-driven approach to efficiently use
resources to engage with Russian individuals in exile in the
countries where they reside.
(d) Supporting Operations of Independent Media and Civil
Society.--
(1) Sense of congress.--It is the sense of Congress that--
(A) state-sponsored Russian-language propaganda and
disinformation in Eastern Europe and Central Asia sows
discord and instrumentalizes Russian-speaking individuals to
further disseminate propaganda and disinformation;
(B) professional independent journalism informed by local
voices can provide Russian-speaking individuals with
reliable, accurate information that will mitigate the harmful
influence of Kremlin-aligned propaganda and disinformation;
and
(C) because there is no clear dividing line between Russian
individuals residing inside the Russian Federation and
Russian individuals in exile because they are part of the
same community of pro-democracy activists, assistance in the
interest of benefitting future democracy in the Russian
Federation may be channeled through Russian pro-democracy
activists in exile, including support for the development and
expansion of pro-democracy grassroots initiatives and a civic
infrastructure that is no longer possible within the Russian
Federation.
(2) Authorization of appropriations.--There is authorized
to be appropriated $40,000,000, for each of the fiscal years
2024 through 2027 to USAID and the Bureau for Democracy,
Human Rights, and Labor of the Department of State to support
independent media and civil society in Russia, Eastern
Europe, and Central Asia that are providing reliable and
fact-based news to Russian-speaking populations and
furthering the development of pro-democracy activity within
the country.
(e) Preventing Wrongful Detentions.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the Office of the Special Presidential Envoy for
Hostage Affairs, which was established by section 303 of the
Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act (22 U.S.C. 1741a), conducts crucially
important work to bring home United States citizens who are
wrongfully detained, including successfully securing the
release from the Russian Federation of United States citizens
Trevor Reed and Brittney Griner;
(B) United States citizens should not travel to the Russian
Federation or other countries with a history of wrongfully
detaining United States citizens in an attempt to gain
leverage over the United States;
(C) the Russian Federation should immediately release the
United States citizens and nationals who have been wrongfully
detained in Russia, including Alsu Kurmasheva, Evan
Gershkovich, Paul Whelan, and Vladimir Kara-Murza, and the
United States Government should continuously pursue their
release;
(D) Vladimir Kara-Murza and Alsu Kurmasheva meet the
criteria for ``wrongful detention'' under the Robert Levinson
Hostage Recovery and Hostage-Taking Accountability Act (22
U.S.C. 1741 et seq.) and the United States should designate
them accordingly; and
(E) the Russian Federation should meet the basic needs and
respect the human rights of all United States citizens in its
custody.
(2) Disclosure and acknowledgment of risk by air
transportation passengers.--
(A) In general.--Section 44907 of title 49, United States
Code, is amended by adding at the end the following:
``(g) Disclosure and Acknowledgment of Risk of Russian
Federation Wrongful Detention.--Notwithstanding any other
provision of law and without regard to whether the Secretary
of Transportation conducts an assessment under subsection
(a), takes other action under this section, or provides other
notice under this section, each air carrier and foreign air
carrier that provides passenger air transportation between
the United States and the Russian Federation, and any online
marketplace selling such passenger air transportation, shall,
when issuing a ticket to a passenger for any travel itinerary
that begins in the United States and concludes in, has a
connecting flight within, or passes through the Russian
Federation--
``(1) provide a warning about the history of the Russian
Federation wrongfully detaining United States citizens and
citizens of other countries; and
``(2) obtain an acknowledgment from each such passenger
that the passenger understands the risk of possible wrongful
detention for any travel itinerary that concludes in, has a
connecting flight within, or passes through the Russian
Federation.''.
(B) Report.--Section 44938(a) of title 49, United States
Code, is amended--
(i) in paragraph (9), by striking ``and'' at the end;
(ii) by redesignating paragraph (10) as paragraph (11); and
(iii) by inserting after paragraph (9) the following:
``(10) an assessment of the activities carried out under
section 44907(g) of this title; and''.
(C) Effective date.--The amendments made by subparagraphs
(A) and (B) shall take effect on the date that is 60 days
after the date of enactment of this Act.
(f) Status of Exiled Russian Individuals in Europe.--It is
the sense of Congress that the Secretary should urge the
European Commission of the European Union and
[[Page S5429]]
other relevant European government agencies to provide legal
documentation to appropriately vetted Russian individuals in
exile who face a credible threat of persecution in the
Russian Federation.
(g) Diplomatic Missions for Consular Services.--Not later
than 120 days after the date of enactment of this Act, the
Secretary shall designate at least 3 additional diplomatic
missions to provide consular services for citizens of the
Russian Federation in countries--
(1) that have direct flights from the Russian Federation or
in which land borders with the Russian Federation remain
passable; or
(2) in which large numbers of citizens of the Russian
Federation who left the Russian Federation on or after
February 24, 2022 reside.
(h) Recognition of Expired Russian Federation Passports.--
Not later than 180 days after the date of the enactment of
this Act, the United States shall implement a process for
recognizing expired Russian Federation passports until the
Secretary certifies to the appropriate congressional
committees and to the Commissioner for U.S. Customs and
Border Protection that it is safe for a Russian individual in
exile to return to the Russian Federation or a diplomatic
facility of the Russian Federation for document renewal.
SEC. 1440A. SUPPORTING BELARUSIAN DEMOCRATIC FORCES IN EXILE.
(a) Findings.--Congress finds the following:
(1) Sviatlana Tsikhanouskaya was the apparent winner of the
2020 Belarusian presidential election, in which the people of
Belarus voted in record numbers, in an impressive display of
their commitment to democracy.
(2) Alyaksandr Lukashenka brutally cracked down upon the
thousands of peaceful protestors that turned out in protest
of election fraud by the Lukashenka regime, arbitrarily
detaining more than 35,000 individuals and subjecting many of
these individuals to torture.
(3) The Lukashenka regime continues to unjustly imprison
more than 1,500 people, including opposition leaders Viktar
Babaryka, Siarhei Tsikhanouski, Maria Kalesnikava, Radio Free
Europe/Radio Liberty journalists Andrey Kuznechyk and Ihar
Losik, and Ihar Losik's wife Darya Losik.
(4) The Lukashenka regime has facilitated the Russian
Federation's illegal war against Ukraine, including by
allowing the Russian Federation to fire ballistic missiles
and launch offensive strikes against Ukraine from the
territory of Belarus for the purpose of invading Ukraine.
(5) The Lukashenka regime has a policy of forcing
Belarusian pro-democracy activists to return to Minsk for
renewal of documents vital to maintaining their residency
status in a safe third country, placing these Belarusians at
risk of detention and torture.
(b) Status of Exiled Belarusian Individuals in Europe.--It
is the sense of Congress that the Secretary should urge the
European Commission of the European Union and other relevant
European government agencies to provide legal documentation
to appropriately vetted Belarusian individuals in exile who
face a credible threat of persecution in Belarus.
(c) Helping Belarusian Individuals Fleeing
Authoritarianism.--
(1) Statelessness designation.--Not later than 90 days
after the date of the enactment of this Act, the Secretary
shall designate citizens of Belarus as stateless persons for
the purpose of processing visas for Belarusian citizens until
the Secretary certifies to appropriate congressional
committees that the United States has consular representation
in Minsk.
(2) Extended documentation.--Not later than 90 days after
the date of the enactment of this Act, the Secretary, in
consultation with the Secretary of Homeland Security shall
develop a process for recognizing expired Belarusian
passports until the Secretary certifies to the appropriate
congressional committees and to the Commissioner for U.S.
Customs and Border Protection that it is safe for a
Belarusian individual in exile to return to Belarus for
document renewal.
(3) Report.--Not later than 60 days after enactment of this
Act, the Secretary of Homeland Security, in coordination with
the Secretary of State, shall submit a report outlining
whether Belarus meets the criteria for a designation of
temporary protected status under section 244 of the
Immigration Act of 1990 (8 U.S.C. 1254a), and if so, whether
the Secretary of Homeland Security intends to make such a
designation.
SEC. 1440B. CODIFICATION OF CERTAIN SANCTIONS WITH RESPECT TO
THE RUSSIAN FEDERATION.
(a) In General.--United States sanctions provided for in
the Executive orders specified in subsection (b), as in
effect on the day before the date of the enactment of this
Act shall remain in effect except as provided in subsection
(c).
(b) Executive Orders Specified.--Executive orders specified
in this section are--
(1) Executive Order 13849 (22 U.S.C. 9521 note; relating to
authorizing the implementation of certain sanctions set forth
in the Countering America's Adversaries Through Sanctions Act
(22 U.S.C. 9401 et seq.));
(2) Executive Order 13883 (22 U.S.C. 5605 note; relating to
administration of proliferation sanctions and amendment of
Executive Order 12851 (22 U.S.C. 2797 note; relating to the
administration of proliferation sanctions, Middle East arms
control, and related congressional reporting
responsibilities));
(3) Executive Order 14024 (50 U.S.C. 1701 note; relating to
blocking property with respect to specified harmful foreign
activities of the Government of the Russian Federation);
(4) Executive Order 14039 (22 U.S.C. 9526 note; relating to
blocking property with respect to certain Russian energy
export pipelines);
(5) Executive Order 14065 (50 U.S.C. 1701 note; relating to
blocking property of certain persons and prohibiting certain
transactions with respect to continued Russian efforts to
undermine the sovereignty and territorial integrity of
Ukraine);
(6) Executive Order 14066 (50 U.S.C. 1701 note; relating to
prohibiting certain imports and new investments with respect
to continued Russian Federation efforts to undermine the
sovereignty and territorial integrity of Ukraine);
(7) Executive Order 14068 (50 U.S.C. 1701 note; relating to
prohibiting certain imports, exports, and new investment with
respect to continued Russian Federation aggression);
(8) Executive Order 14071 (50 U.S.C. 1701 note; relating to
prohibiting new investment in and certain services to the
Russian Federation in response to continued Russian
Federation aggression); and
(9) Executive Order 14114 (88 Fed. Reg. 89271; relating to
taking additional steps with respect to the Russian
Federation's harmful activities).
(c) Termination of Sanctions.--The President may terminate
the application of sanctions under subsection (a) with
respect to a person if the President certifies to the
Committee on Foreign Relations of the Senate, the Committee
on Banking, Housing, and Urban Affairs of the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Financial Services of the House of
Representatives that--
(1) such person--
(A) is not engaging in the activity that was the basis for
such sanctions; or
(B) has taken significant, verifiable steps toward stopping
the activity that was the basis for such sanctions; and
(2) the President has received reliable assurances that
such person will not knowingly engage in any activity subject
to sanctions in the future.
(d) Exceptions.--
(1) Definitions.--In this subsection:
(A) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given such term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(B) Good.--The term ``good'' means any article, natural or
manmade substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(C) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(D) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
(2) Exception relating to importation of goods.--A
requirement to block and prohibit all transactions in all
property and interests in property referred to in subsection
(b) shall not include the authority or a requirement to
impose sanctions on the importation of goods.
(3) Exception to comply with the united nations
headquarters agreement and law enforcement activities.--
Sanctions specified in subsection (b) shall not apply with
respect to the admission of an alien to the United States if
admitting or paroling the alien into the United States is
necessary--
(A) to permit the United States to comply with 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 other applicable international obligations of the
United States; or
(B) to carry out or assist authorized law enforcement
activity in the United States.
(4) Exception to comply with intelligence activities.--
Sanctions specified in subsection (b) shall not apply to any
activity subject to the reporting requirements under title V
of the National Security Act of 1947 (50 U.S.C. 3091 et seq.)
or any authorized intelligence activities of the United
States.
(5) Humanitarian assistance.--Sanctions specified in
subsection (b) shall not apply to--
(A) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine,
medical devices, humanitarian assistance, or for humanitarian
purposes; or
(B) transactions that are necessary for, or related to, the
activities described in subparagraph (A).
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