[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5116 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5116
To support Russia's democratic forces in exile and to codify sanctions
imposed under certain Executive orders relating to the Russian
Federation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 19, 2024
Mr. Cardin introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To support Russia's democratic forces in exile and to codify sanctions
imposed under certain Executive orders relating to the Russian
Federation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Belarus and Russia
Investments in Democratic Governance during Exile Act'' or the ``BRIDGE
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of congress.
Sec. 5. Russians in Exile Affairs Unit.
Sec. 6. Supporting operations of independent media and civil society.
Sec. 7. Supporting USAGM Ukraine initiatives.
Sec. 8. Preventing wrongful detentions.
Sec. 9. Status of exiled Russian individuals in Europe.
Sec. 10. Diplomatic missions for consular services.
Sec. 11. Recognition of expired Russian Federation passports.
Sec. 12. Findings regarding Belarus.
Sec. 13. Status of exiled Belarusian individuals in Europe.
Sec. 14. Helping Belarusian individuals fleeing authoritarianism.
Sec. 15. Codification of certain sanctions with respect to the Russian
Federation.
SEC. 2. DEFINITIONS.
In this Act:
(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 activist.--The term ``pro-democracy
activist'' means an individual who advocates for democratic
reform.
(5) Pro-democracy activity.--The term ``pro-democracy
activity'' means activity taken to promote democracy.
(6) 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.
(7) Secretary.--The term ``Secretary'' means the Secretary
of State.
(8) USAID.--The term ``USAID'' means the United States
Agency for International Development.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The United States has sought to support democracy in
the Russian Federation and with Russian individuals since 1991,
including through programming by USAID valued at $3,000,000,000
between 1992 and 2012 to support democracy, economic growth,
health, women, and youth, including programming in the Russian
regions.
(2) 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.
(3) Numerous nongovernmental organizations in the United
States, including the National Endowment for Democracy,
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.
(4) In 2012, the Russian Federation expelled the USAID,
rejecting assistance meant to support Russian individuals and
harming the United States-Russian Federation bilateral
relationship.
(5) 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, American Councils, and
the Institute of International Education.
(6) The Russian Federation launched an illegal and
unprovoked invasion of Ukraine in 2014 and a brutal, full-scale
invasion of Ukraine in 2022, which caused NATO to suspend
cooperation with the Russian Federation.
(7) 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.
(8) Recently released Russian opposition figure Vladimir
Kara-Murza was unjustly imprisoned for almost 2 \1/2\ years for
speaking out against the Russian war in Ukraine.
(9) According to the Memorial Human Rights Center, hundreds
of political prisoners remain in Russian jails, including--
(A) Moscow municipal deputy Aleksei Gorinov;
(B) pensioner Igor Baryshnikov;
(C) the mother of a human rights lawyer, Zarema
Musaeva; and
(D) journalist Maria Ponomarenko.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) 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
(2) the United States should continue its efforts to engage
with and support Russian individuals and organizations, many of
which are opposed to the unjust war by the Russian Federation
against Ukraine and believe in a democratic future for their
country.
SEC. 5. RUSSIANS IN EXILE AFFAIRS UNIT.
(a) 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 on a
plan to establish a ``Russians in Exile Affairs Unit'' (referred to in
this subsection as the ``Unit'').
(b) Required Elements.--The report required under subsection (a)
shall include--
(1) a plan for establishing and staffing the Unit;
(2) a description of how the Department of State and USAID
will carry out the responsibilities described in subsection
(c);
(3) the estimated annual appropriations required to carry
out such responsibilities;
(4) 3 potential locations in Europe at which the
headquarters of the Unit could be located;
(5) the advantages and disadvantages of establishing the
Unit;
(6) an estimate of the number of Russian individuals in
exile; and
(7) an assessment of Russian individuals in exile,
including--
(A) 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;
(B) how such individuals have been engaged since
leaving the Russian Federation; and
(C) how United States officials and intermediaries
have communicated with such individuals since the
invasion of Ukraine in 2022.
(c) Duties.--The primary duties of the Unit shall be--
(1) to facilitate communication and engagement with pro-
democracy activists who are Russian individuals in exile;
(2) to report on human rights issues that impact Russian
individuals in exile;
(3) to coordinate interagency and international efforts to
combat Russian Federation-sponsored transnational repression;
(4) to support Russian individuals in exile who remain
outside the Russian Federation because of fear for their
safety;
(5) to lead engagement with European and Eurasian
governments and private sector companies to resolve issues
impacting Russian individuals in exile;
(6) to assess challenges and develop solutions to problems
faced by Russian individuals in exile, including--
(A) access to bank accounts, credit cards, and
online payment platforms;
(B) issuance of travel documents, visas, and work
permits; and
(C) the ability to use technology platforms owned
by companies in the United States and Europe to
communicate with Russian individuals;
(7) to evaluate the feasibility of developing a
``whitelist''--
(A) 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
(B) 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;
and
(8) to collect and facilitate the consideration and
assessment of 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 and supporting war by the Russian
Federation against Ukraine and undermining democracy in the
Russian Federation.
SEC. 6. SUPPORTING OPERATIONS OF INDEPENDENT MEDIA AND CIVIL SOCIETY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) 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;
(2) 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
(3) 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 legally possible within the
Russian Federation.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $40,000,000, for each of the fiscal years 2025 through
2028 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 civic activity within the country.
SEC. 7. SUPPORTING USAGM UKRAINE INITIATIVES.
There is authorized to be appropriated $40,000,000 for each of the
fiscal years 2025 through 2028 to the United States Agency for Global
Media (USAGM) to continue and expand USAGM Ukraine related initiatives,
including those run through Radio Free Europe/Radio Liberty, Technology
Services and Innovation, Voice of America, Office of Policy and
Research, the Middle East Broadcasting Network, Radio Free Asia, and
the Office of Cuba Broadcasting.
SEC. 8. PREVENTING WRONGFUL DETENTIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) 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, Brittney Griner, Paul Whelan, Evan Gershkovich,
and Alsu Kurmasheva;
(2) due to the coordinated efforts of the United States,
Germany, Slovenia, Norway, Poland, and Turkiye, allied
governments successfully secured the release of American
citizens, American nationals, German citizens, and Russian
dissidents, including Vladimir Kara-Murza, Ilya Yashin, Andrei
Pivovarov, Oleg Orlov, Lilia Chanysheva, Ksenia Fadeyeva, and
Vadim Ostanin;
(3) the United States should continue to advocate for the
release of Russian political prisoners, Belarusian political
prisoners, and Ukrainian hostages held in Russian and
Belarusian jails, including by working creatively with allies
and partners to expedite their release;
(4) 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; and
(5) the Russian Federation should meet the basic needs and
respect the human rights of all United States citizens in its
custody.
(b) Disclosure and Acknowledgment of Risk by Air Transportation
Passengers.--
(1) 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 Wrongful Detention
in the Russian Federation.--Notwithstanding any other provision of law
and without regard to whether the Secretary of Transportation conducts
an assessment pursuant to subsection (a), takes another action pursuant
to this section, or provides other notice pursuant to 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.''.
(2) Report.--Section 44938(a) of title 49, United States
Code, is amended--
(A) in paragraph (9), by striking ``and'' at the
end;
(B) by redesignating paragraph (10) as paragraph
(11); and
(C) by inserting after paragraph (9) the following:
``(10) an assessment of the activities carried out under
section 44907(g) of this title; and''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on the date that is 60 days after the
date of enactment of this Act.
SEC. 9. 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 other relevant European
government agencies to provide legal documentation to enable
international travel to appropriately vetted Russian individuals in
exile who face a credible threat of persecution in the Russian
Federation.
SEC. 10. 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.
SEC. 11. RECOGNITION OF EXPIRED RUSSIAN FEDERATION PASSPORTS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary, in coordination with the Secretary of Homeland
Security, shall develop a process for recognizing expired Russian
Federation passports as valid for travel to and from the United States
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 for document renewal.
SEC. 12. FINDINGS REGARDING BELARUS.
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 supported and 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 and murdering
Ukrainian citizens.
(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.
SEC. 13. 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 enable
international travel to appropriately vetted Belarusian individuals in
exile who face a credible threat of persecution in Belarus.
SEC. 14. HELPING BELARUSIAN INDIVIDUALS FLEEING AUTHORITARIANISM.
(a) Homeless Nationality Designation.--Not later than 90 days after
the date of the enactment of this Act, the Secretary, in coordination
with the Secretary of Homeland Security, shall designate citizens of
Belarus as a homeless nationality, in accordance with section 504.4-
8(E)(1) of volume 9 of the Foreign Affairs Manual (9 FAM 504.4-
8(E)(1)), 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.
(b) 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 as valid for travel to and from the United
States 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.
(c) Report.--Not later than 60 days after enactment of this Act,
the Secretary of Homeland Security, in coordination with the Secretary,
shall submit a report outlining--
(1) 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
(2) if Belarus does meet such criteria, whether the
Secretary of Homeland Security intends to make such a
designation.
SEC. 15. CODIFICATION OF CERTAIN SANCTIONS WITH RESPECT TO THE RUSSIAN
FEDERATION.
(a) In General.--Each person listed or designated for the
imposition of sanctions under an executive order described in
subsection (b) as of the date of the enactment of this Act shall remain
so designated, except as provided in subsections (c) and (d).
(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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