H.R. 36

119th CONGRESS 1st Session

To counter the influence of the Chinese Communist Party, the Iranian Regime, and the Russian Federation in the nation of Georgia.

IN THE HOUSE OF REPRESENTATIVES

H.R. 36

SEC. 1. Short title

This Act may be cited as the or the .

SEC. 2. Definitions

In this Act:
- The term appropriate congressional committees means—
- The term NATO means the North Atlantic Treaty Organization.
- The term Secretary means the Secretary of State.

SEC. 3. Sense of Congress

It is the sense of Congress that—
- 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;
- the consolidation of democracy in Georgia is critical for regional stability and United States national interests;
- Georgia has seen significant democratic backsliding in recent years, as evidenced by numerous independent assessments and measures;
- 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;
- the United States has an interest in protecting and securing democracy in Georgia; and
- 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—
  - to represent the democratic wishes of the citizens of Georgia; and
  - 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—
- 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;
- 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;
- 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;
- 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—
  - to reorient itself toward its European Union accession agenda; and
  - to advance policy or legislation reflecting the express wishes of the Georgian people;
- to emphasize the importance of contributing to international efforts—
  - to combat Russian aggression, including through sanctions on trade with Russia and the implementation and enforcement of worldwide sanctions on Russia; and
  - to reduce, rather than increase, trade ties between Georgia and Russia;
- 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;
- 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;
- 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;
- 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;

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 means— appropriate committees of Congress
    - the Committee on Foreign Relations of the Senate, the Select Committee on Intelligence of the Senate, and the Committee on Armed Services of the Senate; and
    - the Committee on Foreign Affairs of the House of Representatives, the Permanent Select Committee on Intelligence of the House of Representatives, and 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 congressional committees a detailed strategy that—
    - outlines specific objectives for enhancing bilateral ties which reflect the current domestic political environment in Georgia;
    - includes a determination of the tools, resources, and funding that should be available to achieve the objectives outlined pursuant to paragraph (1) and an assessment whether Georgia should remain the second-highest recipient of United States funding in the Europe and Eurasia region;
    - includes a determination of the extent to which the United States should continue to invest in its partnership with Georgia;
    - includes a plan for how the United States can continue to support civil society and independent media organizations in Georgia; and
    - 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:
  - The terms , , and have the meanings given such terms in section 101 of the Immigration and Nationality Act (). admission,admitted,alien 8 U.S.C. 1101
  - The term appropriate committees of Congress means—
  - The term foreign person means any individual or entity that is not a United States person.
  - The term immediate family members,immediate relatives has the meaning given the term in section 201(b)(2)(A)(i) of the Immigration and Nationality Act (). 8 U.S.C. 1201(b)(2)(A)(i)
  - The term , 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. knowingly
  - The term United States person means—
(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:
    - 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.
    - 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.
    - 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—
    - any foreign person with respect to which the President has made an affirmative determination under paragraph (1); and
    - 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—

SEC. 7. Additional assistance with respect to Georgia

(a) In general
- Upon submission to Congress of the certification described in subsection (c)—
  - 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
  - the President, in consultation with the Secretary of Defense, should maintain, and as appropriate, expand military co-operation 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) should the Georgian government take steps to re-align 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.