[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 868 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                 S. 868

  To support democracy and the rule of law in Georgia, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2025

Mrs. Shaheen (for herself and Mr. Risch) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To support democracy and the rule of law in Georgia, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Mobilizing and Enhancing Georgia's 
Options for Building Accountability, Resilience, and Independence Act'' 
or the ``MEGOBARI Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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) NATO.--The term ``NATO'' means the North Atlantic 
        Treaty Organization.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of State.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the progress made by the people of Georgia in forging 
        an innovative and productive society since the country's 
        independence from the Soviet Union should be applauded;
            (2) the consolidation of democracy in Georgia is critical 
        for regional stability and United States national interests;
            (3) Georgia has seen significant democratic backsliding in 
        recent years, as evidenced by numerous independent assessments 
        and measures;
            (4) the current Georgian government is increasingly hostile 
        towards independent domestic civil society and its chief Euro-
        Atlantic partners while increasingly embracing enhanced ties 
        with the Russian Federation, the People's Republic of China, 
        and other anti-Western authoritarian regimes;
            (5) the United States has an interest in protecting and 
        securing democracy in Georgia; and
            (6) 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--
                    (A) to represent the democratic wishes of the 
                citizens of Georgia; and
                    (B) to uphold its constitutional obligation to 
                advance the country towards membership in the European 
                Union and NATO.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to support the constitutionally stated aspirations of 
        Georgia to become a member of the European Union and NATO, 
        which is made clear under Article 78 of the Constitution of 
        Georgia and is supported by the overwhelming majority of the 
        citizens of Georgia;
            (2) to continue supporting the capacity of the Government 
        of Georgia to protect its sovereignty and territorial integrity 
        from further Russian aggression or encroachment within its 
        internationally recognized borders;
            (3) 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 resume 
        Georgia's recently granted candidate status through an 
        inclusive and transparent consultation process that involves 
        opposition parties and civil society organizations, which the 
        people of Georgia have freely elected to pursue;
            (4) to reevaluate its relationship with the Government of 
        Georgia and review all forms of foreign and security assistance 
        made available to the Government if it 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;
            (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 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 anti-corruption efforts and to impose 
        swift consequences on individuals who are directly responsible 
        for leading or have directly and knowingly engaged in leading 
        actions of policies that significantly undermine those 
        standards;
            (7) 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;
            (8) 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;
            (9) 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;
            (10) 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;
            (11) to call on the Government of Georgia to thoroughly 
        investigate all allegations emerging from the recent national 
        elections, which took place on October 2024, make a 
        determination whether the elections should be judged as 
        illegitimate and hold those responsible for interference in the 
        elections; and
            (12) 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. 5. REPORTS AND BRIEFINGS.

    (a) Report on Russian Intelligence Assets in Georgia.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        coordination with the Director of National Intelligence and the 
        Secretary of Defense, shall submit to the appropriate 
        committees of Congress a classified report, prepared consistent 
        with the protection of sources and methods, examining the 
        penetration of Russian intelligence elements and their assets 
        in Georgia, that includes an annex examining Chinese influence 
        and the potential intersection of Russian-Chinese cooperation 
        in Georgia.
            (2) Appropriate committees of congress.--In this section, 
        the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Select Committee on Intelligence of the 
                Senate;
                    (C) the Committee on Armed Services of the Senate;
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (E) the Permanent Select Committee on Intelligence 
                of the House of Representatives; and
                    (F) the Committee on Armed Services of the House of 
                Representatives.
    (b) 5-Year United States Strategy for Bilateral Relations With 
Georgia.--
            (1) In general.--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 
        committees of Congress a detailed strategy that--
                    (A) outlines specific objectives for enhancing 
                bilateral ties which reflect the current domestic 
                political environment in Georgia;
                    (B) includes a determination of the tools, 
                resources, and funding that should be available to 
                achieve the objectives outlined pursuant to 
                subparagraph (A) and an assessment whether Georgia 
                should remain the second-highest recipient of United 
                States funding in the Europe and Eurasia region;
                    (C) includes a determination of the extent to which 
                the United States should continue to invest in its 
                partnership with Georgia;
                    (D) includes a plan for how the United States can 
                continue to support civil society and independent media 
                organizations in Georgia; and
                    (E) includes a determination 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.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, with a classified annex.

SEC. 6. SANCTIONS.

    (a) Definitions.--In this section:
            (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;
                    (B) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    (C) the Committee on the Judiciary of the Senate;
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (E) the Committee on the Judiciary of the House of 
                Representatives; and
                    (F) the Committee on Financial Services 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) Unites 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.
    (b) Inadmissibility of Officials of Government of Georgia and 
Certain Other Individuals Involved in Blocking Euro-Atlantic 
Integration.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the President shall determine 
        whether each 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:
                    (A) 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.
                    (B) 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.
                    (C) An immediate family member of an official 
                described in subparagraph (A) or a person described in 
                subparagraph (B) who benefitted from the conduct of 
                such official or person.
            (2) Sanctions.--The President shall impose the sanctions 
        described in subsection (d)(2) with respect to each foreign 
        person with respect to which the President has made an 
        affirmative decision under paragraph (1).
            (3) Briefing.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary shall brief the 
        appropriate committees of Congress with respect to--
                    (A) any foreign person with respect to which the 
                President has made an affirmative determination under 
                paragraph (1); and
                    (B) the specific facts that justify each such 
                affirmative determination.
            (4) Waiver.--The President may waive imposition of 
        sanctions under this subsection on a case-by-case basis if the 
        President determines and reports to the appropriate committees 
        of Congress that--
                    (A) such waiver would serve national security 
                interests; or
                    (B) the circumstances which caused the individual 
                to be ineligible have sufficiently changed.
    (c) Imposition of Sanctions With Respect to Undermining Peace, 
Security, Stability, Sovereignty or Territorial Integrity of Georgia.--
            (1) In general.--The President may impose the sanctions 
        described in subsection (d)(1) and shall impose the sanctions 
        described in subsection (d)(2) with respect to each foreign 
        person the President determines, on or after the date of the 
        enactment of this Act--
                    (A) is responsible for, complicit in, or has 
                directly or indirectly engaged in or attempted to 
                engage in, actions or policies, including ordering, 
                controlling, or otherwise directing acts that are 
                intended to undermine the peace, security, stability, 
                sovereignty, or territorial integrity of Georgia;
                    (B) is or has been a leader or official of an 
                entity that has, or whose members have, engaged in any 
                activity described in subparagraph (A); or
                    (C) is an immediate family member of a person 
                subject to sanctions for conduct described in 
                subparagraph (A) or (B) and benefitted from the conduct 
                of such person.
            (2) Brief and written notification.--Not later than 10 days 
        after imposing sanctions on a foreign person or persons 
        pursuant to this subsection, the President shall brief and 
        provide written notification to the appropriate committees of 
        Congress regarding the imposition of such sanctions, which 
        shall describe--
                    (A) the foreign person or persons subject to the 
                imposition of such sanctions;
                    (B) the activity justifying the imposition of such 
                sanctions; and
                    (C) the specific sanctions imposed on such foreign 
                person or persons.
            (3) Waiver.--The President may waive the application of 
        sanctions under this subsection with respect to a foreign 
        person for renewable periods not to exceed 180 days if, not 
        later than 15 days before the date on which such waiver is to 
        take effect, the President submits to the appropriate 
        committees of Congress a written determination and 
        justification that the waiver is in the national security 
        interests of the United States.
    (d) Sanctions Described.--The sanctions described in this 
subsection are the following with respect to a foreign person described 
in subsection (b) or (c), as applicable:
            (1) Blocking of property.--Notwithstanding the requirements 
        under section 202 of the International Emergency Economic 
        Powers Act (50 U.S.C. 1701), the President shall exercise all 
        authorities granted under the International Emergency Economic 
        Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to 
        block and prohibit all transactions in property and interests 
        in property of the foreign person if such property and 
        interests in property are in the United States, come within the 
        United States, or are or come within the possession or control 
        of a United States person.
            (2) Ineligibility for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--A foreign person 
                that is an alien shall be--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--The foreign person 
                shall be subject to the following:
                            (i) Revocation of any visa or other entry 
                        documentation regardless of when the visa or 
                        other entry documentation is or was issued.
                            (ii) A revocation under clause (i) shall 
                        take effect immediately and automatically 
                        cancel any other valid visa or entry 
                        documentation that is in the foreign person's 
                        possession.
    (e) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        subsection (d)(2)(A) or any regulation, license, or order 
        issued under that subsection shall be subject to the penalties 
        set forth in subsections (b) and (c) of section 206 of the 
        International Economic Powers Act (50 U.S.C. 1705) to the same 
        extent as a person that commits an unlawful act described in 
        subsection (a) of that section.
            (3) Rule of construction.--Nothing in this Act, or any 
        amendment made by this Act, may be construed to limit the 
        authority of the President to designate or sanction persons 
        pursuant to an applicable Executive order or otherwise pursuant 
        to the International Emergency Economic Powers Act (50 U.S.C. 
        1701 et seq.).
    (f) Rulemaking.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the President shall prescribe such 
        regulations as are necessary for the implementation of this 
        section.
            (2) Notification to congress.--Not later than 10 days 
        before prescribing regulations pursuant to paragraph (1), the 
        President shall notify the appropriate committees of Congress 
        of the proposed regulations and the provisions of this section 
        that the regulations are implementing.
    (g) Sanctions With Respect to Broader Corruption in Georgia.--
            (1) Determination.--The President shall determine whether 
        there are foreign persons who, on or after the date of the 
        enactment of this Act, have engaged in significant corruption 
        in Georgia or acts that are intended to undermine the peace, 
        security, stability, sovereignty, or territorial integrity of 
        Georgia for the purposes of potential imposition of sanctions 
        pursuant to powers granted to the President under the 
        International Emergency Economic Powers Act (50 U.S.C. 1701 et 
        seq.).
            (2) Report.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the President shall 
                submit a report to the appropriate committees of 
                Congress that--
                            (i) identifies all foreign persons the 
                        President has determined, pursuant to this 
                        subsection, have engaged in significant 
                        corruption in Georgia or committed acts that 
                        are intended to undermine the peace, security, 
                        stability, sovereignty, or territorial 
                        integrity of Georgia;
                            (ii) the dates on which sanctions were 
                        imposed; and
                            (iii) the reasons for imposing such 
                        sanctions.
                    (B) Form.--The report required under subparagraph 
                (A) shall be provided in unclassified form, but may 
                include a classified annex.
    (h) Termination of Sanctions.--Any sanctions imposed on a foreign 
person pursuant to this section shall terminate on the earlier of--
            (1) the date on which the President certifies to the 
        appropriate committees of Congress that the foreign person is 
        no longer engaging in the activities that led to the imposition 
        of such sanction; or
            (2) the sunset date described in section 8.
    (i) 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 man-made 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) Exceptions.--
                    (A) Exception relating to intelligence 
                activities.--Sanctions under this section shall not 
                apply to--
                            (i) 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
                            (ii) any authorized intelligence activities 
                        of the United States.
                    (B) Exception to comply with international 
                obligations.--Sanctions under this section shall not 
                apply with respect to a foreign person if admitting or 
                paroling the person into the United States is necessary 
                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.
                    (C) Humanitarian assistance.--Sanctions under this 
                section shall not apply to--
                            (i) the conduct or facilitation of a 
                        transaction for the provision of agricultural 
                        commodities, food, medicine, medical devices, 
                        or humanitarian assistance, or for humanitarian 
                        purposes; or
                            (ii) transactions that are necessary for, 
                        or related to, the activities described in 
                        paragraph (1).
    (j) Exception Relating to Importation of Goods.--The requirement to 
block and prohibit all transactions in all property and interests in 
property under this section shall not include the authority or a 
requirement to impose sanctions on the importation of goods.

SEC. 7. ADDITIONAL ASSISTANCE WITH RESPECT TO GEORGIA.

    (a) In General.--Upon submission to Congress of the certification 
described in subsection (c)--
            (1) the Secretary of State, in consultation with other 
        heads of other relevant Federal departments and agencies, 
        should seek to further enhance people-to-people contacts and 
        academic exchanges between the United States and Georgia; and
            (2) the President, in consultation with the Secretary of 
        Defense, should maintain, and as appropriate, expand military 
        cooperation with Georgia, including by providing further 
        security and defense equipment ideally suited for territorial 
        defense against Russian aggression and related training, 
        maintenance, and operations support elements.
    (b) Sense of Congress.--It is the sense of Congress that, after the 
submission of the certification described in subsection (c), if the 
Government of Georgia takes steps to realign itself with its Euro-
Atlantic agenda, including significant changes to the foreign influence 
law, the President should take steps to improve the bilateral 
relationship between the United States and Georgia, including actions 
to bolster Georgia's ability to deter threats from Russia and other 
malign actors.
    (c) Certification Described.--The certification described in this 
subsection is a certification submitted to Congress by the President 
that Georgia has shown significant and sustained progress towards 
reinvigorating its democracy and advancing its Euro-Atlantic 
integration.

SEC. 8. SUNSET.

    This Act 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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