[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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