[Congressional Record Volume 170, Number 141 (Wednesday, September 11, 2024)]
[Senate]
[Pages S5989-S5991]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3252. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her 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--Supporting Democracy and the Rule of Law in the Republic of
Georgia
SEC. 1291. SHORT TITLES.
This subtitle may be cited as the ``Georgian People's Act''
or the ``GPA Act''.
SEC. 1292. FINDINGS.
Congress finds the following:
(1) On April 9, 1991, the Republic of Georgia declared
independence from the Soviet Union, and on March 24, 1992,
the United States and Georgia established formal diplomatic
relations.
(2) Since 1993, the territorial integrity of Georgia has
been reaffirmed by the international community and numerous
United Nations Security Council resolutions.
(3) At the 2008 Summit in Bucharest, NATO recognized the
aspirations of Georgia to join NATO and committed that
Georgia would become a member of the Alliance.
(4) On August 7, 2008, the Russian Federation invaded
Georgia and thereafter occupied 20 percent of its territory,
all of which it continues to occupy.
(5) On January 9, 2009, the United States and Georgia
signed the United States-Georgia Charter on Strategic
Partnership, affirming the close relationship between the
United States and Georgia based on the shared principles of
democracy, free markets, defense and security cooperation,
and cultural exchanges.
(6) Georgia made significant contributions to the wars in
Iraq and Afghanistan and was the largest troop contributor
among NATO partners to the NATO-led Resolute Support Mission
in Afghanistan.
(7) The United States and Georgia have maintained a strong
security partnership, including the U.S.-Georgia Security
Cooperation Framework, signed in November 2019, and the
Georgia Defense and Deterrence Enhancement Initiative,
launched in October 2021.
(8) The United States supports the sovereignty and
territorial integrity of Georgia within its internationally
recognized borders and condemns the continued occupation by
Russia of the Georgian regions of South Ossetia and Abkhazia.
(9) The United States has continuously supported the
democratic wishes of the Georgian people, who have long
maintained their aspirations to join the European Union and
NATO.
(10) During and following her tenure as United States
Ambassador and Plenipotentiary to Georgia between 2020 and
2023, Kelly Degnan has been the subject of slander and verbal
abuse from members of the Government of Georgia.
(11) As recently as October 2023, reputable polling
indicates that 86 percent of the Georgian public support
Georgia becoming a member of the European Union.
(12) Since Russia's full-scale invasion of Ukraine in
February 2022, Georgia--
(A) has not imposed its own sanctions on Russia; and
(B) has increased economic ties, including initiating many
direct flights to and from Russia;
(C) has eased visa requirements for Russians visiting
Georgia; and
(D) is perceived as a conduit of Russia's sanctions evasion
endeavors.
(13) Since Russia's full-scale invasion of Ukraine in
February 2022, and the subsequent rounds of international
sanctions placed on Russia as a result of such invasion,
Georgia saw its trade with Russia grow by 34 percent between
January and June 2023.
(14) Georgia's geographic position as both a Black Sea
littoral nation and its proximity to the Caspian Sea could
further strengthen Georgia's economy by transporting natural
gas through the Trans-Caspian Gas Pipeline Project.
(15) In June 2022, when the Governments of Ukraine and
Moldova received candidate status for membership in the
European Union, the European Council stated it would only be
ready to grant Georgia candidate status once the country has
addressed the 12 priorities outlined by the European
Commission.
(16) In December 2023, the European Union granted Georgia
the status of candidate country, with the understanding that
Georgia would act consistent with the recommendations of the
European Commission by continuing to advance the outlined
reform priorities and increasing its alignment with the
European Union's foreign and security policy positions.
(17) On February 24, 2023, a foreign agents bill was
introduced in the Parliament of Georgia--
(A) to impose restrictions on civil society organizations,
nongovernmental organizations, and independent media
organizations; and
(B) to stigmatize such organizations as ``foreign agents''.
(18) On March 7, 2023, the Parliament of Georgia
accelerated the passage of that bill, which led to--
(A) large-scale protests that Georgian authorities
confronted by deploying tear gas and water cannons; and
(B) the withdrawal of the bill by the Parliament.
(19) On April 15, 2024, the foreign agents bill, which was
renamed ``the Law on Transparency of Foreign Influence'', was
reintroduced in the Parliament of Georgia with minor changes
that did not reflect the express wishes of the Georgian
people, which led to--
(A) large-scale protests in Tbilisi and around the country;
(B) harassment and intimidation of civil society activists
and journalists; and
(C) the ejection of opposition parliamentarians from
parliamentary hearings.
(20) On April 29, 2024, former Georgian Prime Minister
Bidzina Ivanishvili, who is currently the Honorary Chairman
of the ruling Georgian Dream Party, gave a speech in which
he--
(A) harshly attacked American and European partners;
(B) alleged that the goal of foreign funding of civil
society and nongovernmental organizations in Georgia is to
deprive Georgia of its state sovereignty; and
(C) promised to punish opposition political groups.
(21) In the face of massive, nation-wide protests against
the foreign agents law, Georgian authorities have, in some
cases, deployed disproportionate force against largely
peaceful protestors, including--
(A) reportedly attacking journalists covering the protests
and members of the political opposition; and
(B) threatening civil society leaders and family members of
protestors at their homes.
(22) On May 14, 2024, the Parliament of Georgia passed the
foreign agents bill against the wishes of the Georgian
people.
(23) On May 21, 2024, the Venice Commission issued an
opinion regarding Georgia's foreign influence law in which it
``strongly recommend[ed] repealing the Law in its current
form, as its fundamental flaws will involve significant
negative consequences for the freedoms of association and
expression, the right to privacy, the right to participate in
public affairs as well as the prohibition of
discrimination.''.
SEC. 1293. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to call on all political parties and elected Members of
the Parliament of Georgia to continue working on addressing
the reform plan outlined by the European Commission to
advance Georgia's recently granted candidate status, which
the people of Georgia have freely elected to pursue;
(2) to call on the Government of Georgia to institute the
required reforms, which are to be developed through an
inclusive and transparent consultation process with
opposition parties and civil society organizations;
(3) to express serious concern that impediments to
strengthening the democratic institutions and processes of
Georgia, including the foreign agents law, will slow or halt
Georgia's progress toward achieving its Euro-Atlantic
aspirations, be perceived as stagnating the democratic
trajectory of Georgia, and result in negative domestic and
international consequences for the Government of Georgia;
(4) to impose swift consequences on individuals who are
directly responsible for leading or have directly and
knowingly engaged
[[Page S5990]]
in leading, actions or policies that significantly undermine
the peace, security, stability, sovereignty, or territorial
integrity of Georgia;
(5) to emphasize the importance of contributing to
international efforts--
(A) to combat Russian aggression, including through
sanctions on trade with Russia and the implementation and
enforcement of worldwide sanctions on Russia; and
(B) to reduce, rather than increase, trade ties between
Georgia and Russia;
(6) to call on all political parties, elected Members of
the Parliament of Georgia, and officers of the Ministry of
Internal Affairs of Georgia to respect the freedoms of
peaceful assembly, association, and expression, including for
the press, and the rule of law, and encourage a vibrant and
inclusive civil society;
(7) to call on the Government of Georgia to release all
persons detained or imprisoned on politically motivated
grounds and drop any pending charges against them;
(8) to call on the Government of Georgia to ensure that the
national elections scheduled for October 2024 are free, fair,
and reflective of the will of the Georgian people; and
(9) to continue impressing upon the Government of Georgia
that the United States is committed to sustaining and
deepening bilateral relations and supporting Georgia's Euro-
Atlantic aspirations.
SEC. 1294. DEFINITIONS.
In this subtitle:
(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) Foreign agents law.--The term ``foreign agents law''
means the ``On Transparency of Foreign Influence'' law, which
was passed by the Parliament of Georgia in May 2024.
(3) Georgia.--The term ``Georgia'' means the Republic of
Georgia.
(4) NATO.--The term ``NATO'' means the North Atlantic
Treaty Organization.
(5) Secretary.--The term ``Secretary'' means the Secretary
of State.
CHAPTER 1--CONDITIONS ON ENGAGEMENT WITH GOVERNMENT OF GEORGIA
Subchapter A--Sanctions
SEC. 1295. DEFINITIONS.
In this chapter:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given such
terms in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(3) Foreign person.--The term ``foreign person'' means any
individual or entity that is not a United States person.
(4) Immediate family members.--The term ``immediate family
members'' has the meaning given the term ``immediate
relatives'' in section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(b)(2)(A)(i)).
(5) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person within the United States.
SEC. 1295A. STATEMENT OF POLICY.
(a) In General.--It shall be the policy of the United
States to support the constitutionally stated aspirations of
Georgia to become a member of the European Union and the
North Atlantic Treaty Organization, which--
(1) is made clear under Article 78 of the Constitution of
Georgia; and
(2) is supported by an estimated 86 percent of the citizens
of Georgia.
(b) Sense of Congress.--It is the sense of Congress that--
(1) acts of blocking Euro-Atlantic integration in Georgia,
due to undue influence from corrupt or oligarchic forces,
constitute a form of corruption;
(2) the United States should consider travel restrictions
or sanctions on individuals responsible for any actions
preventing Georgia from moving toward Euro-Atlantic
integration, which include acts of violence or intimidation
against Georgian citizens, members of civil society, and
members of an opposition political party;
(3) the United States, in response to recent events in
Georgia, should reassess whether recent actions undertaken by
individuals in Georgia should result in the imposition of
sanctions by the United States for acts of significant
corruption and human rights abuses; and
(4) the United States should consider revoking the visas of
nationals of Georgia and their family members who--
(A) live in the United States; and
(B) are determined to meet the criteria described in
section 103(a).
SEC. 1295B. INADMISSIBILITY OF OFFICIALS OF GOVERNMENT OF
GEORGIA AND CERTAIN OTHER INDIVIDUALS INVOLVED
IN BLOCKING EURO-ATLANTIC INTEGRATION.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall identify and
make a determination as to whether any of the following
foreign persons has knowingly engaged in significant acts of
corruption, or acts of violence or intimidation in relation
to the blocking of Euro-Atlantic integration in Georgia:
(1) Any individual who, on or after January 1, 2014, has
served as a member of the Parliament of the Government of
Georgia or as a current or former senior official of a
Georgian political party.
(2) Any individual who is serving as an official in a
leadership position working on behalf of the Government of
Georgia, including law enforcement, intelligence, judicial,
or local or municipal government.
(3) An immediate family member of an official described in
paragraph (1) or a person described in paragraph (2).
(b) Current Visas Revoked.--
(1) In general.--Except as provided in subsections (d) and
(e), the visa or other entry documentation of any alien
described in subsection (a) is subject to immediate
revocation regardless of the issue date of such visa or
documentation.
(2) Immediate effect.--A revocation of a visa or other
entry documentation of any alien pursuant to paragraph (1)
shall, in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i))--
(A) take effect immediately; and
(B) cancel any other valid visa or entry documentation that
is in the possession of such alien.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall brief the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
about--
(1) any foreign person for whom the Secretary has
determined has knowingly engaged in an activity described in
subsection (a); and
(2) the specific facts that justify each such positive
determination.
(d) Waiver.--The Secretary may waive the application of
subsection (b) if the Secretary determines that--
(1) such waiver would serve a compelling national interest;
or
(2) the circumstances which caused the individual to be
ineligible for a visa have sufficiently changed.
(e) Exception to Comply With International Obligations and
Law Enforcement Activities.--Subsection (b) shall not apply
with respect to an alien if admitting or paroling such alien
into the United States is necessary--
(1) 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
(2) to carry out or assist authorized law enforcement
activity in the United States.
Subchapter B--Improving Bilateral Relations With Georgia
SEC. 1296. UNITED STATES STRATEGY TOWARD GEORGIA.
(a) Statement of Policy on Georgia.--It is the policy of
the United States--
(1) given that the Government of Georgia has passed the
foreign agents law and other legislation further inhibiting
its ability to advance its accession into the European
Union--
(A) to take into consideration these new laws when
formulating the United States Government's policy toward
Georgia; and
(B) to review all forms of foreign and security assistance
made available to the Government of Georgia; and
(2) to reevaluate its policy toward the Government of
Georgia if the Government of Georgia takes the required
steps--
(A) to reorient itself toward its European Union accession
agenda; and
(B) to advance policy or legislation reflecting the express
wishes of the Georgian people.
(b) 5-year United States Strategy for Bilateral Relations
With Georgia.--Not later than 90 days after the date of the
enactment of this Act, the Secretary and the Administrator of
the United States Agency for International Development, in
coordination with the heads of other relevant Federal
departments and agencies, shall submit to the appropriate
congressional committees a detailed strategy that--
(1) outlines specific objectives for enhancing bilateral
ties which reflect the current domestic political environment
in Georgia;
(2) determines what tools, resources, and funding should be
available and assess whether Georgia should remain the
second-highest recipient of United States funding in the
Europe and Eurasia region;
(3) determines the extent to which the United States should
continue to invest in its partnership with Georgia;
(4) explore how the United States can continue to support
civil society and independent media organizations in Georgia;
and
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(5) determine whether the Government of Georgia remains
committed to expanding trade ties with the United States and
Europe and whether the United States Government should
continue to invest in Georgian projects.
SEC. 1296A. REPORT ON REVIEW OF FOREIGN ASSISTANCE TO
GEORGIA.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary, in coordination
with the Administrator of the United States Agency for
International Development and other relevant Federal
agencies, shall submit a report to the appropriate
congressional committees that--
(1) outlines all assistance provided by any United States
Government agency to the Government of Georgia that primarily
provides material aid, reputational advantage, or sustenance
to state actors, officials, or their proxies who undermine
the democracy of Georgia and enable Russian aggression within
and outside of Georgia;
(2) provides a detailed overview of each project; and
(3) sets forth associated funding allocations, including
projected funding for each project.
(b) Suspension of Projects.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
suspend all programming in Georgia carried out by the
Department of State that primarily provide material aid,
reputational advantage, or sustenance to state actors,
officials, or their proxies who undermine the democracy of
Georgia and enable Russian aggression within and outside of
Georgia unless the Secretary certifies to the appropriate
congressional committees that such programming is in the
national security interests in the United States.
(c) Reprogramming Funds.--The Secretary may reprogram any
amounts used for programming that is suspended pursuant to
subsection (b) to other initiatives taking place in other
countries in the Eurasia region after notifying the
appropriate congressional committees.
SEC. 1296B. SENSE OF CONGRESS REGARDING SUSPENSION OF UNITED
STATES-GEORGIA STRATEGIC DIALOGUE.
It is the sense of Congress that the Secretary should
suspend the United States-Georgia Strategic Partnership
Commission, established through the United States-Georgia
Charter on Strategic Partnership on January 9, 2009, until
after the Government of Georgia takes measures--
(1) to represent the democratic wishes of the citizens of
Georgia; and
(2) to uphold its constitutional obligation to advance the
country towards membership in the European Union and NATO.
CHAPTER 2--ADDITIONAL MEASURES TO SUPPORT THE GEORGIAN PEOPLE
SEC. 1297. STATEMENT OF POLICY IN SUPPORT OF THE GEORGIAN
PEOPLE.
It is the policy of the United States--
(1) to continue supporting the ongoing development of
democratic values in Georgia, including free and fair
elections, freedom of association, an independent and
accountable judiciary, an independent media, public-sector
transparency and accountability, the rule of law, countering
malign influence, and anticorruption efforts;
(2) to support the sovereignty, independence, and
territorial integrity of Georgia within its internationally
recognized borders;
(3) to continue to support the Georgian people and civil
society organizations that reflect the aspirations of the
Georgian people for democracy and a future with the people of
Europe;
(4) to continue supporting the capacity of the Government
of Georgia to protect its sovereignty and territorial
integrity from further Russian aggression or encroachment;
(5) to support domestic and international efforts,
including polling, pre-election and election-day observation
efforts, to support the execution of free and fair elections
in Georgia in October 2024;
(6) to continue supporting the right of the Georgian people
to freely engage in peaceful protest, determine their future,
and make independent and sovereign choices on foreign and
security policy, including regarding Georgia's relationship
with other countries and international organizations, without
interference, intimidation, or coercion by other countries or
those acting on their behalf; and
(7) to underscore the unwavering bipartisan support from
Congress in supporting the democratic aspirations of the
Georgian people.
SEC. 1297A. DEMOCRACY AND RULE-OF-LAW PROGRAMMING.
(a) Statement of Policy Regarding Effect of National
Elections in Georgia.--It is the policy of the United States
to undertake efforts, in partnership with the Office for
Democratic Institutions and Human Rights of the Organization
for Security and Co-operation in Europe, to ensure that the
national elections in Georgia that are scheduled to be held
in October 2024 are conducted in a manner that is free, fair,
and reflective of the will of the Georgian people and show
evidence of a broader and sustainable democratic trajectory.
(b) Funding.--From the amounts appropriated to the
Assistance for Europe, Eurasia and Central Asia account under
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2024, or under the comparable
appropriations Act for fiscal year 2025, $50,000,000 is
authorized to be made available--
(1) to strengthen democracy and civil society in Georgia,
including for transparency, independent media, rule of law,
anti-corruption efforts, countering malign influence, and
good governance initiatives; and
(2) to support the Georgian people's efforts to advance
their aspirations for membership in the European Union and
Euro-Atlantic integration.
(c) Review of Support.--In response to the passage of the
foreign agents law, the Secretary and the Administrator of
the United States Agency for International Development shall
undertake a review of efforts to determine--
(1) how best to continue providing support to civil society
and independent media organizations in Georgia; and
(2) whether additional funds should be allocated to the
National Endowment for Democracy for initiatives in Georgia.
SEC. 1297B. BRIEFING ON DISINFORMATION AND CORRUPTION IN THE
REPUBLIC OF GEORGIA.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary, in coordination
with such agencies as the Secretary considers relevant, shall
brief the appropriate congressional committees regarding--
(1) the efforts within and outside of Georgia to spread
disinformation within Georgia to mischaracterize or undermine
the bilateral relationships between the United States and
Georgia and the European Union and Georgia;
(2) sources that have played an active role in advancing
disinformation campaigns to erode public support for the
United States, the European Union, and NATO within Georgia;
and
(3) efforts undertaken by the Government of Georgia to
sanction actors involved in the spread of disinformation that
limits its Euro-Atlantic aspirations;
(4) the extent to which corrupt actors are undermining the
ability of political parties and democratic institutions in
Georgia to uphold and adhere to the principles of
transparency and good governance;
(5) policy options to assist the Government of Georgia in
helping protect democracy and the rule of law by punishing
bad actors;
(6) efforts in Georgia designed--
(A) to suppress a free and independent media; or
(B) to harass and intimidate civil society;
(7) actors responsible for--
(A) the suppression of a free and independent media in
Georgia; or
(B) harassment and intimidation of civil society in
Georgia;
(8) the Secretary's assessment of--
(A) the Russian Federation's influence and information
operations in Georgia; and
(B) connections between the influence and operations
described in subparagraph (A) and the broader agenda of the
Russian Federation in the region; and
(9) the Secretary's assessment of--
(A) the People's Republic of China's influence and
information operations in Georgia; and
(B) connections between the influence and operations
described in subparagraph (A) and the broader agenda of the
People's Republic of China in the region.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, with a classified annex.
SEC. 1297C. SUNSET.
This subtitle shall cease to have any force or effect
beginning on the date that is 5 years after the date of the
enactment of this Act.
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