(a) Short title
This Act may be cited as the International Freedom Protection Act. This Act may be cited as the International Freedom Protection Act.
(b) Table of contents
The table of contents for this Act is as follows: The table of contents for this Act is as follows:
Section 2. Findings
Congress makes the following findings: Congress makes the following findings:
(1) According to Freedom House’s 2023 report, Freedom in the World, democracy experienced a worldwide decline for 17 consecutive years and has been weakened by factors, such as attacks on democratic institutions, impunity, corruption, disinformation, human rights violations, and conflict. According to Freedom House’s 2023 report, Freedom in the World, democracy experienced a worldwide decline for 17 consecutive years and has been weakened by factors, such as attacks on democratic institutions, impunity, corruption, disinformation, human rights violations, and conflict.
(2) Since 2006, autocratic forces and illiberal forces have been on the rise, with emboldened autocrats from China, Russia, and Iran— Since 2006, autocratic forces have been on the rise, with emboldened autocrats from China, Russia, and Iran—
(A) refining their tactics to undermine democracy globally; refining their tactics to undermine democracy globally;
(B) suppressing dissent to sustain their own regimes; and suppressing dissent to sustain their own regimes; and
(C) frequently collaborating with each another in such efforts. frequently collaborating with each another in such efforts.
(3) The rise of authoritarianism— Authoritarian governments are increasingly employing both physical and nonphysical transnational repression tactics that reach across borders to silence, coerce, harass, or harm individuals for peacefully exercising their internationally-recognized human rights and fundamental freedoms, which produces a chilling effect that compels people to modify their behavior due to fear.
(A) undermines the national security of the United States and the security of our democratic allies and partners;
(B) creates instability;
(C) weakens the rule of law; and
(D) increases the risk of war.
(4) Democracies are ill-prepared to fight back against the growing complexity and emerging challenges posed by autocratic and illiberal forces. The rise of authoritarianism—
(5) There is an urgent need to update the United States Government's approach to countering authoritarianism by strengthening and revitalizing the relevant tools, strategies, and institutions. Democracies are ill-prepared to fight back against the growing complexity and emerging challenges posed by autocratic forces.
Section 3. Definitions
In this Act: In this Act:
(1) Appropriate congressional committees
The term appropriate congressional committees means— The term appropriate congressional committees means—
(A) the Committee on Foreign Relations of the Senate; the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate; the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Appropriations of the House of Representatives. the Committee on Appropriations of the House of Representatives.
(2) Relevant federal agencies
The term relevant Federal agencies means— The term relevant Federal agencies means—
(A) the Department of State; the Department of State;
(B) the United States Agency for International Development; and the United States Agency for International Development; and
(C) other Federal agencies that are relevant for purposes of this Act. other Federal agencies that are relevant for purposes of this Act.
(3) Transnational repression
The term transnational repression — The term transnational repression —
(A) means acts by governments (either directly or through others) to silence, intimidate, or exact reprisal against individuals outside their sovereign borders, including members of diaspora populations, political opponents, civil society activists, human rights defenders, journalists, and members of ethnic or religious minority groups; and means actions of a foreign government, or agents of a foreign government, involving the transgression of national borders through physical, digital, or analog means to intimidate, silence, coerce, harass, or harm members of diaspora populations, political opponents, civil society activists, journalists, or members of ethnic or religious minority groups to prevent their exercise of internationally recognized human rights; and
(B) may include— may include—
(i) extrajudicial killings; extrajudicial killings;
(ii) physical assaults and intimidation; physical assaults and intimidation;
(iii) arbitrary detentions; arbitrary detentions;
(iv) renditions; renditions;
(v) deportations; deportations;
(vi) unexplained or enforced disappearances; unexplained or enforced disappearances;
(vii) physical or online surveillance or stalking; physical or online surveillance or stalking;
(viii) unwarranted passport cancellation or control over other identification documents; unwarranted passport cancellation or control over other identification documents;
(ix) abuse of international law enforcement systems; abuse of international law enforcement systems;
(x) unlawful asset freezes; unlawful asset freezes;
(xi) digital threats, such as cyberattacks, targeted surveillance and spyware, online harassment, and intimidation; and digital threats, such as cyberattacks, targeted surveillance and spyware, online harassment, and intimidation; and
(xii) coercion by proxy, such as harassment of, or threats or harm to, family and associates of private individuals who remain in their country of origin. coercion by proxy, such as harassment of, or threats or harm to, family and associates of private individuals who remain in their country of origin.
(a) Findings
Congress makes the following findings:
(1) Amidst a backdrop of global democratic decline, authoritarian governments are increasingly collaborating and employing aggressive tactics across borders to silence, coerce, harass, or harm individuals for peacefully exercising their rights and fundamental freedoms.
(2) Governments commit transnational repression through physical and digital means. The advancement of digital technology provides new tools for censoring, surveilling, harassing, and targeting individuals deemed to be threats across international borders. This is particularly significant for dissidents and journalists forced abroad who rely on communications technology to amplify their messages and communicate with their professional and personal support networks.
(3) Since 2014, Freedom House has documented 854 direct physical incidents of transnational repression committed by 38 governments in 91 countries. Nonphysical acts of transnational repression are occurring even more frequently. The combined effect of these direct threats produces a chilling effect that compels countless more people to modify their behavior due to fear of transnational repression.
(4) In 2023, the countries whose governments are committing the highest number of direct physical acts of transnational repression are China, Turkey, Tajikistan, Russia, and Egypt.
(5) Transnational repression is used by governments to target perceived critics, who may include human rights defenders, democracy activists, political opponents, members of diaspora groups, and the family members of such individuals.
(b) Statement of policy on transnational repression
It is the policy of the United States—
(1) to regard transnational repression as a direct threat to the United States national interests of upholding and promoting democratic values and human rights;
(2) to address transnational repression, including by protecting targeted individuals and groups;
(3) to strengthen the actions of United States embassy and mission staff in countering transnational repression, including by—
(A) monitoring and documenting instances of transnational repression;
(B) conducting regular outreach with at-risk or affected populations to provide information regarding available resources without putting such people at further risk; and
(C) working with local and national law enforcement, as appropriate, to support victims of transnational repression;
(4) to develop policy and programmatic responses based on input from—
(A) vulnerable populations who are at risk of, or are experiencing, transnational repression;
(B) nongovernmental organizations working on issues of transnational repression; and
(C) the private sector;
(5) to provide training to relevant Federal personnel—
(A) to enhance their understanding of transnational repression; and
(B) to identify and combat threats of transnational repression;
(6) to strengthen documentation and monitoring by the United States Government of transnational repression in foreign countries and within international organizations; and
(7) to seek to hold perpetrators of transnational repression accountable, including through the use of targeted sanctions and visa restrictions.
(1) In general
Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall submit a report to the appropriate congressional committees that assesses the efforts of the United States Government to implement the policy objectives described in subsection (b).
(2) Elements
The report required under paragraph (1) shall include—
(A) a detailed description and assessment of United States Government efforts to monitor, prevent, and respond to transnational repression abroad;
(B) a detailed accounting, disaggregated by country, of the most common tactics of transnational repression;
(C) instances of transnational repression occurring within international organizations;
(D) a list of countries perpetrating acts of transnational repression;
(E) a list of countries whose governments are known to frequently cooperate with other governments in committing transnational repression;
(F) a description of—
(i) efforts by personnel at United States embassies and missions to support victims of or those at risk of transnational repression; and
(ii) resources provided to United States embassies and missions to support such efforts; and
(G) a strategy to strengthen interagency efforts and coordination to combat transnational repression, which shall include—
(i) a plan, developed in consultation with partner governments, civil society, the business community, and other entities, to promote respect for rule of law and human rights in surveillance technology use, which shall include—
(I) improving export licensing policy, including by applying additional scrutiny to export licensing applications for products exported to perpetrators;
(II) protecting personal digital data from being used for the purposes of transnational repression;
(III) establishing safeguards to prevent the misuse of surveillance technology, including elements such as appropriate legal protections, a prohibition on discrimination, oversight and accountability mechanisms, transparency on the applicable legal framework, limiting biometric tools for surveillance to what is lawful and appropriate, testing and evaluation, and training;
(IV) working to ensure, as applicable, that such technologies are designed, developed, and deployed with safeguards to protect human rights (including privacy), consistent with the United Nations Guiding Principles on Business and Human Rights;
(ii) public diplomacy efforts and plans for, including the use of the voice, vote, and influence of the United States at international organizations, to promote awareness of and oppose acts of transnational repression;
(iii) a plan to develop or enhance global coalitions to monitor cases of transnational repression at international organizations and to strengthen alert mechanisms for key stakeholders worldwide;
(iv) a description, as appropriate, of how the United States Government has previously provided, and will continue to provide, support to civil society organizations in foreign countries in which transnational repression occurs—
(I) to improve the documentation, investigation, and research of cases, trends, and tactics of transnational repression; and
(II) to promote accountability and transparency in government actions impacting victims of transnational repression; and
(v) a description of new or existing emergency assistance mechanisms, to aid at-risk groups, communities, and individuals in countries abroad in which transnational repression occurs.
(3) Form of report
The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(d) Training of United States personnel
The Secretary of State, in coordination with the heads of other relevant Federal agencies, shall provide personnel of the Department of State and other relevant Federal agencies, whether serving in the United States or overseas, with training regarding—
(1) identifying physical and nonphysical threats of transnational repression;
(2) foreign governments that are most frequently involved in transnational repression;
(3) foreign governments that are known to frequently cooperate with other governments in committing transnational repression;
(4) digital surveillance and cyber tools commonly used in transnational repression;
(5) safe outreach methods for vulnerable populations at risk of transnational repression; and
(6) tools to respond to transnational repression threats, including relevant authorities which may be invoked.
(e) Training of Foreign Service Officers and presidential appointees
Section 708(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4028(a)(1)) is amended—
(1) in subparagraph (C), by striking and at the end;
(2) in subparagraph (D), by striking the period at the end and inserting; and; and
(3) by adding at the end the following:
(E) for Foreign Service Officers and Presidential appointees, including chiefs of mission, in missions abroad who work on political, economic, public diplomacy, security, or development issues, a dedicated module of instruction on transnational repression (as such term is defined in section 3(3) of the International Freedom Protection Act), including—
(i) how to recognize threats of transnational repression;
(ii) an overview of relevant laws that can be invoked to combat such threats; and
(iii) how to support individuals experiencing transnational repression.
(a) Transnational repression
The President shall consider the use of transnational repression by a foreign person in determining whether to impose sanctions with respect to such foreign person under— The President should consider the use of transnational repression by a foreign person in determining whether to impose sanctions with respect to such foreign person under—
(1) the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.); the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.);
(2) section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117–328; 8 U.S.C. 1182 note); or section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117–328; 8 U.S.C. 1182 note); or
(3) any other relevant statutory provision granting human rights-related sanctions authority under which a foreign person has been sanctioned. any other relevant statutory provision granting human rights-related sanctions authority under which a foreign person has been sanctioned.
(b) Modifications to the Global Magnitsky Human Rights Accountability Act
Section 1263 of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note) is amended—
(1) in subsection (a)—
(A) in paragraph (3), by striking or at the end;
(B) by striking paragraph (4); and
(C) by inserting after paragraph (3) the following:; and
(4) is responsible for or complicit in, or has directly or indirectly engaged in, significant actions or policies that undermine democratic processes or institutions; or
(5) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in this subsection.
(2) in subsection (d)(2), by striking subparagraph (B) and inserting the following:
(B) Requests relating to corruption
A request described in paragraph (1) with respect to whether a foreign person has engaged in an activity described in paragraph (3) or (5) of subsection (a) shall be submitted to the President in writing jointly by the chairperson and the ranking member of—
(i) any of the appropriate congressional committees of the Senate; and
(ii) any of the appropriate congressional committees of the House of Representatives.
(C) Requests relating to undermining democracy
A request described in paragraph (1) with respect to whether a foreign person has engaged in an activity described in subsection (a)(4) shall be submitted in writing to the President jointly by the chairperson and ranking member of any of the appropriate congressional committees.
(A) Significant corruption or human rights violations
Except as provided in paragraphs (2) and (3), a foreign government official shall be ineligible for entry into the United States if the Secretary of State determines that such official was knowingly directly or indirectly involved in—
(i) significant corruption, including corruption related to the extraction of natural resources; or
(ii) a gross violation of human rights, including the wrongful detention of—
(I) locally employed staff of a United States diplomatic mission; or
(II) a United States citizen or national.
(B) Undermining democratic governance
Except as provided in paragraphs (2) and (3), a foreign government official may be ineligible for entry into the United States if the Secretary of State determines that such official was knowingly directly or indirectly involved in significant actions that undermine democratic governance.
(C) Immediate family members
The immediate family members of an official described in subparagraph (A) or (B) may be subject to the same restriction on entry into the United States as such official.
(D) Referral
The Secretary of State, in implementing this subsection, shall, as appropriate, provide information regarding the actions of officials described in subparagraphs (A) and (B) to the Office of Foreign Assets Control of the Department of the Treasury, which shall determine whether to impose sanctions authorized under Federal law to block the transfer of property and interests in property, and all financial transactions, in the United States involving any such official.
(E) Designation or determination
The Secretary of State shall publicly or privately designate or make the determination that the foreign government officials or party members about whom the Secretary has made such designation or determination regarding significant corruption or gross violations of human rights, and their immediate family members, without regard to whether any such individual has applied for a visa.
(A) In general
Individuals are not ineligible for entry into the United States pursuant to paragraph (1) if such entry—
(i) would further important United States law enforcement objectives; or
(ii) is necessary to permit the United States to fulfill its obligations under 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 under other international obligations of the United States.
(B) Savings provision
Nothing in paragraph (1) may be construed to derogate from United States Government obligations under applicable international agreements or obligations.
(3) Waiver
The Secretary of State may waive the application of paragraph (1) with respect to any individual if the Secretary determines that—
(A) such waiver would serve a compelling national interest of the United States; or
(B) the circumstances that caused such individual to be ineligible for entry into the United States have sufficiently changed.
(A) In general
Not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State shall submit a report, including a classified annex if necessary, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. Each such report shall include—
(i) all relevant information relating to corruption, human rights violations, or undermining democratic governance that was a factor in identifying, during the most recent 12-month period—
(I) individuals who are ineligible for entry into the United States under paragraph (1)(A);
(II) individuals about whom the Secretary has made a designation or determination pursuant to paragraph (1)(E); and
(III) individuals who would be ineligible for entry into the United States under paragraph (1)(A), but were excluded from such restriction pursuant to paragraph (2);
(ii) a list of any waivers granted by the Secretary pursuant to paragraph (3); and
(iii) a description of the justification for each such waiver.
(B) Posting of report
The unclassified portion of each report required under subparagraph (A) shall be posted on a publicly accessible website of the Department of State.
(5) Clarification
For purposes of paragraphs (1) and (4), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential.
(d) Restriction on assistance in the wake of a coup d’état
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2751 et seq.) is amended by adding at the end the following: Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2751 et seq.) is amended by adding at the end the following:
(a) In general
Except as provided under subsections (b) and (d), no assistance may be furnished under this Act or under the Arms Export Control Act (22 U.S.C. 2751) to the central government of any country in which the duly elected head of government was deposed by a military coup d’état or decree or a coup d’état or decree in which the military played a decisive role. Except as provided under subsections (b) and (d), no assistance may be provided under this Act or under the Arms Export Control Act (22 U.S.C. 2751) to the central government of any country in which the head of government, as recognized by the United States, was deposed by a military coup d’état or decree or a coup d’état or decree in which the military played a decisive role.
(b) Exemption for national security
The Secretary of State, after consultation with the heads of relevant Federal agencies, may waive the restriction on assistance described in subsection (a) if the Secretary certifies and reports to the appropriate congressional committees, not later than 30 days before the provision of such assistance to such government, that such waiver is in the national security interest of the United States.
(c) Resumption of assistance
Assistance to a foreign government that is subject to the restriction described in subsection (a) may be resumed if the Secretary of State certifies and reports to the appropriate congressional committees, not fewer than 30 days before the resumption of such assistance, that a democratically elected government has taken office subsequent to the termination of assistance pursuant to subsection (a). Assistance to a foreign government that is subject to the restriction described in subsection (a) may be resumed if the Secretary of State certifies and reports to the appropriate congressional committees, not fewer than 30 days before the resumption of such assistance, that a democratically-elected government has taken office subsequent to the termination of assistance pursuant to subsection (a).
(d) Exception for democracy and humanitarian assistance
The restriction under subsection (a) shall not apply to any assistance used— The restriction under subsection (a) shall not apply to any assistance used—
(1) to promote democratic elections or public participation in the democratic processes; to promote democratic elections or public participation in the democratic processes;
(2) to support a democratic transition; or to support a democratic transition; or
(3) for humanitarian purposes. for humanitarian purposes.
(e) Defined term
In this section, the term appropriate congressional committees means— In this section, the term appropriate congressional committees means—
(1) the Committee on Foreign Relations of the Senate; the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate; the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives. the Committee on Appropriations of the House of Representatives.
(a) Prioritization
The Secretary of State and the Administrator of the United States Agency for International Development shall combat authoritarianism by prioritizing governance and anti-corruption activities and programs that—
(1) enhance the transparency, accountability, and responsiveness of governments across relevant sectors;
(A) improve the detection and exposure of corruption crimes, including crimes that cross borders;
(B) improve citizen oversight and advocacy;
(C) protect free expression and civic activism; and
(D) support investigative journalism and media independence;
(A) expand the investigation and prosecution of corrupt acts;
(B) hold corrupt actors accountable;
(C) promote the adoption and implementation of anticorruption preventive measures; and
(D) promote good governance, public administration, and impartial judiciaries;
(4) address corruption in key sectors, whether at the level of—
(A) delivery of services to citizens;
(B) important governmental processes, such as procurement; or
(C) priority economic sectors;
(5) strengthen democratic norms and standards at the local, national, regional, and international levels;
(6) augment cooperation with the private sector and key industries to root out corruption that—
(A) harms competitiveness, economic growth, and development; and
(B) taints critical supply chains;
(7) address corrosive capital and the strategic use of corruption by authoritarian states to undermine democracy and good governance; and
(8) provide essential skills and resources to civil society and media—
(A) to counter corruption; and
(B) to address the weak governance and poor human rights conditions that cultivate corruption.
(b) Kleptocracy asset recovery rewards program
Section 36(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)) is amended—
(1) in paragraph (13), by striking or at the end;
(2) in paragraph (14), by striking the period at the end and inserting; or; and
(3) by adding at the end the following:
(15) the restraining, seizing, forfeiting, or repatriating of stolen assets linked to foreign government corruption and the proceeds of such corruption.
(a) Program for democracy research and development
The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall establish a program for democracy research and development that—
(1) supports research and development by the Department of State, the United States Agency for International Development, and the National Endowment for Democracy on policies and programs relating to democracy efforts;
(2) drives innovation within such agencies regarding the response to complex, multidimensional challenges to democracy, including—
(A) combating transnational kleptocracy;
(B) mitigating hyperpolarization;
(C) countering malign authoritarian influence; and
(D) leveraging emerging technology for democracy;
(3) incentivizes collaboration among governments, nongovernmental organizations, and the private sector to identify and mitigate threats to global democracy;
(4) identifies lessons learned and best practices for democracy programs and diplomatic approaches to create feedback loops and shape future evidence-based programming and diplomacy;
(5) encourages private sector actors to establish and implement business practices that will—
(A) strengthen democratic institutions;
(B) bolster democratic processes; and
(C) support democracy activists and human rights defenders; and
(6) strengthens the resilience of democratic actors and institutions.
(b) Report
Not later than 2 years after the date of the enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes the efforts and results of the program established pursuant to subsection (a).
Section 6. Amendment to Rewards for Justice Program
Section 36(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)) is amended—
(1) in paragraph (13), by striking or at the end;
(2) in paragraph (14), by striking the period at the end and inserting; or; and
(3) by adding at the end the following:
(15) the restraining, seizing, forfeiting, or repatriating of stolen assets linked to foreign government corruption and the proceeds of such corruption.
Section 7. Investing in democracy research and development
The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, should establish, within the Bureau of Democracy, Human Rights, and Labor, a program for democracy research and development that—
(1) supports research and development by the Department of State, the United States Agency for International Development, and the National Endowment for Democracy on policies and programs relating to democracy efforts;
(2) drives innovation within such agencies regarding the response to complex, multidimensional challenges to democracy;
(3) identifies lessons learned and best practices for democracy programs and diplomatic approaches to create feedback loops and shape future evidence-based programming and diplomacy;
(4) encourages private sector actors to establish and implement business practices that will—
(A) strengthen democratic institutions; and
(B) bolster democratic processes; and
(5) strengthens the resilience of democratic actors and institutions.
(A) to bypass internet shutdowns and other forms of censorship, including blocks on services through circumvention technologies; and
(B) to provide digital security support and training for democracy activists, journalists, and other at-risk groups.