[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).
                                 ______