S4425-118

1. Short titles; table of contents This Act may be cited as the Georgian People’s Act or the GPA Act. The table of contents for this Act is as follows:

2. Findings Congress finds the following: On April 9, 1991, the Republic of Georgia declared independence from the Soviet Union, and on March 24, 1992, the United States and Georgia established formal diplomatic relations. Since 1993, the territorial integrity of Georgia has been reaffirmed by the international community and numerous United Nations Security Council resolutions. At the 2008 Summit in Bucharest, NATO recognized the aspirations of Georgia to join NATO and committed that Georgia would become a member of the Alliance. On August 7, 2008, the Russian Federation invaded Georgia and thereafter occupied 20 percent of its territory, all of which it continues to occupy. On January 9, 2009, the United States and Georgia signed the United States-Georgia Charter on Strategic Partnership, affirming the close relationship between the United States and Georgia based on the shared principles of democracy, free markets, defense and security cooperation, and cultural exchanges. Georgia made significant contributions to the wars in Iraq and Afghanistan and was the largest troop contributor among NATO partners to the NATO-led Resolute Support Mission in Afghanistan. The United States and Georgia have maintained a strong security partnership, including the U.S.-Georgia Security Cooperation Framework, signed in November 2019, and the Georgia Defense and Deterrence Enhancement Initiative, launched in October 2021. The United States supports the sovereignty and territorial integrity of Georgia within its internationally recognized borders and condemns the continued occupation by Russia of the Georgian regions of South Ossetia and Abkhazia. The United States has continuously supported the democratic wishes of the Georgian people, who have long maintained their aspirations to join the European Union and NATO. During and following her tenure as United States Ambassador and Plenipotentiary to Georgia between 2020 and 2023, Kelly Degnan has been the subject of slander and verbal abuse from members of the Government of Georgia. As recently as October 2023, reputable polling indicates that 86 percent of the Georgian public support Georgia becoming a member of the European Union. Since Russia’s full-scale invasion of Ukraine in February 2022, Georgia— has not imposed its own sanctions on Russia; and has increased economic ties, including initiating many direct flights to and from Russia; has eased visa requirements for Russians visiting Georgia; and is perceived as a conduit of Russia's sanctions evasion endeavors. Since Russia’s full-scale invasion of Ukraine in February 2022, and the subsequent rounds of international sanctions placed on Russia as a result of such invasion, Georgia saw its trade with Russia grow by 34 percent between January and June 2023. Georgia’s geographic position as both a Black Sea littoral nation and its proximity to the Caspian Sea could further strengthen Georgia’s economy by transporting natural gas through the Trans-Caspian Gas Pipeline Project. In June 2022, when the Governments of Ukraine and Moldova received candidate status for membership in the European Union, the European Council stated it would only be ready to grant Georgia candidate status once the country has addressed the 12 priorities outlined by the European Commission. In December 2023, the European Union granted Georgia the status of candidate country, with the understanding that Georgia would act consistent with the recommendations of the European Commission by continuing to advance the outlined reform priorities and increasing its alignment with the European Union’s foreign and security policy positions. On February 24, 2023, a foreign agents bill was introduced in the Parliament of Georgia— to impose restrictions on civil society organizations, nongovernmental organizations, and independent media organizations; and to stigmatize such organizations as foreign agents. On March 7, 2023, the Parliament of Georgia accelerated the passage of that bill, which led to— large-scale protests that Georgian authorities confronted by deploying tear gas and water cannons; and the withdrawal of the bill by the Parliament. On April 15, 2024, the foreign agents bill, which was renamed the Law on Transparency of Foreign Influence, was reintroduced in the Parliament of Georgia with minor changes that did not reflect the express wishes of the Georgian people, which provoked— large-scale protests in Tbilisi and around the country; and the ejection of opposition parliamentarians from parliamentary hearings. On April 29, 2024, former Georgian Prime Minister Bidzina Ivanishvili, who is currently the Honorary Chairman of the ruling Georgian Dream Party, gave a speech in which he— harshly attacked American and European partners; alleged that the goal of foreign funding of civil society and nongovernmental organizations in Georgia is to deprive Georgia of its state sovereignty; and promised to punish opposition political groups. In the face of massive, nation-wide protests against the foreign agents bill, Georgian authorities have, in some cases, deployed disproportionate force against largely peaceful protestors, including— reportedly attacking journalists covering the protests and members of the political opposition; and threatening civil society leaders and family members of protestors at their homes. On May 14, 2024, the Parliament of Georgia passed the foreign agents bill against the wishes of the Georgian people. On May 21, 2024, the Venice Commission issued an opinion regarding Georgia’s foreign influence law in which it strongly recommend[ed] repealing the Law in its current form, as its fundamental flaws will involve significant negative consequences for the freedoms of association and expression, the right to privacy, the right to participate in public affairs as well as the prohibition of discrimination..

3. Statement of policy It is the policy of the United States— 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 advance Georgia's recently granted candidate status, which the people of Georgia have freely elected to pursue; to call on the Government of Georgia to institute the required reforms, which are to be developed through an inclusive and transparent consultation process with opposition parties and civil society organizations; to express serious concern that impediments to strengthening the democratic institutions and processes of Georgia, including the foreign agents bill, will slow or halt Georgia’s progress toward achieving its Euro-Atlantic aspirations, be perceived as stagnating the democratic trajectory of Georgia, and result in negative domestic and international consequences for the Government of Georgia; to impose swift consequences on individuals who are directly responsible for leading or have directly and knowingly engaged in leading, actions or policies that significantly undermine the peace, security, stability, sovereignty, or territorial integrity of Georgia; 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 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; 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; to call on the Government of Georgia to ensure that the national elections scheduled for October 2024 are free, fair, and reflective of the will of the Georgian people; and 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.

4. Definitions In this Act: The term appropriate congressional committees means— the Committee on Foreign Relations of the Senate; the Committee on Appropriations of the Senate; the Committee on Foreign Affairs of the House of Representatives; and the Committee on Appropriations of the House of Representatives. The term foreign agents bill means the On Transparency of Foreign Influence bill, which was reintroduced in the Parliament of Georgia in April 2024. The term Georgia means the Republic of Georgia. The term NATO means the North Atlantic Treaty Organization. The term Secretary means the Secretary of State.

101. Definitions In this subtitle: 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). The term appropriate committees of Congress means— the Committee on Foreign Relations of the Senate; the Committee on Banking, Housing, and Urban Affairs of the Senate; the Committee on Foreign Affairs of the House of Representatives; and the Committee on Financial Services of the House of Representatives. The term foreign person means any individual or entity that is not a United States person. 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)). 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. The term United States person means— a United States citizen or an alien lawfully admitted for permanent residence to the United States; 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 any person within the United States.

102. Statement of policy It shall be the policy of the United States to support the constitutionally stated aspirations of Georgia to become a member of the European Union and the North Atlantic Treaty Organization, which— is made clear under Article 78 of the Constitution of Georgia; and is supported by 86 percent of the citizens of Georgia. It is the sense of Congress that— acts of blocking Euro-Atlantic integration in Georgia, due to undue influence from corrupt or oligarchic forces, constitute a form of corruption; the United States should consider travel restrictions or sanctions on individuals responsible for any actions preventing Georgia from moving toward Euro-Atlantic integration, which include acts of violence or intimidation against Georgian citizens, members of civil society, and members of an opposition political party; the United States, in response to recent events in Georgia, should reassess whether recent actions undertaken by individuals in Georgia should result in the imposition of sanctions by the United States for acts of significant corruption and human rights abuses; and the United States should consider revoking the visas of nationals of Georgia and their family members who— live in the United States; and are determined to meet the criteria described in section 103(a).

103. Inadmissibility of officials of Government of Georgia and certain other individuals involved in blocking Euro-Atlantic integration Not later than 90 days after the date of the enactment of this Act, the Secretary shall identify and make a determination as to whether any 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, 2012, has served as a member of the Parliament of the Government of Georgia, as a senior staff 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 paragraph (1) or a person described in paragraph (2). The visa or other entry documentation of any alien described in subsection (a) is subject to immediate revocation regardless of the issue date of such visa or documentation. A revocation of a visa or other entry documentation of any alien pursuant to paragraph (1) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))— take effect immediately; and cancel any other valid visa or entry documentation that is in the possession of such alien. Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a written report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that— lists any foreign person for whom the Secretary has determined has knowingly engaged in an activity described in subsection (a); and a detailed justification for each such positive determination. The report required under subsection (c) shall be submitted in accordance with the reporting requirements outlined in 7031(c) of the Department of State, Foreign Operations, and Related Appropriations Act, 2024 (division F of Public Law 118–47; 8 U.S.C. 1182 note). The Secretary may waive the application of subsection (a) if the Secretary determines that— such waiver would serve a compelling national interest; or the circumstances which caused the individual to be ineligible have sufficiently changed.

104. Imposition of sanctions with respect to undermining peace, security, stability, sovereignty, or territorial integrity of Georgia The sanctions described in subsection (b) shall be applied to any foreign person the President determines, on or after the date of the enactment of this Act— 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; is or has been a leader or official of an entity that has, or whose members have, engaged in any activity described in paragraph (1); or is an immediate family member of a person subject to sanctions for conduct described in paragraph (1) or (2) who benefitted from such conduct. The sanctions described in this subsection are the following: 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 a foreign person subject to subsection (a) 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. An alien described in subsection (a) shall be— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and 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.). The visa or other entry documentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation. A revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))— take effect immediately; and cancel any other valid visa or entry documentation that is in the possession of the alien. The President may waive the application of sanctions under this section 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. 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. A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1) 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. Nothing in this Act, or in 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.). 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. 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. Any sanctions imposed on a foreign person pursuant to this section shall terminate on the earlier of— the date on which the President certifies to the appropriate committees of Congress that the conditions requiring such sanctions no longer apply; or December 31, 2029. This section shall cease to be effective on December 31, 2029.

105. Sanctions with respect to broader corruption in Georgia Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report that includes— a list of all foreign persons about whom the Secretary has made a positive determination pursuant to section 103(a); and a determination as to whether any foreign person on the list described in subparagraph (A) qualifies under existing sanctions authorities described in subsection (b). The report required under paragraph (1) shall be provided in unclassified form, but a classified annex may be provided separately containing additional contextual information pertaining to the justification for the issuance of any waiver, as described in paragraph (1)(B)(iii). The sanctions described in this subsection are sanctions applicable with respect to a person for acts of significant corruption, involvement in human rights abuses, or harmful foreign activities in Georgia under— Executive Order 14024 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to specified harmful foreign activities of the Government of the Russian Federation); or Executive Order 13818 (50 U.S.C. 1701 note; relating to blocking the property of persons involved in serious human rights abuse or corruption). Not later than 120 days after receiving a request from the chairman and ranking member of the Committee on Foreign Relations of the Senate or of the Committee on Foreign Affairs of the House of Representatives with respect to whether a foreign person meets meet the criteria for the imposition of sanctions described in subsection (b), the President shall— determine if the person meets such criteria; and submit a written justification to such chairman and ranking member detailing whether the President imposed or intends to impose sanctions described in this section with respect to such person.

106. Exceptions In this section: 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). 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. 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). 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). Sanctions under this Act shall not apply to— any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.); or any authorized intelligence activities of the United States. Sanctions under this Act shall not apply with respect to an alien if admitting or paroling such alien 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 of the United States; or to carry out or assist authorized law enforcement activity in the United States. The requirement to block and prohibit all transactions in all property and interests in property under this Act shall not include the authority or a requirement to impose sanctions on the importation of goods. Sanctions under this Act shall not apply to— 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 transactions that are necessary for, or related to, the activities described in subparagraph (A).

111. United States strategy toward Georgia It is the policy of the United States— to express that if the Government of Georgia proceeds to pass the foreign agents law and other legislation further inhibiting its ability to advance its accession into the European Union— the United States Government’s policy toward Georgia should take into consideration these updated circumstances; and the United States should review all forms of foreign and security assistance made available to the Government of Georgia; and to reevaluate its policy toward the Government of Georgia if the Government of Georgia 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. Not later than 90 days after the date of the enactment of this Act, the Secretary of State 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 which shall— outline specific objectives for enhancing bilateral ties which reflect the current domestic political environment in Georgia; determine what tools, resources, and funding should be available and assess whether Georgia should remain the second-highest recipient of United States funding in the Europe and Eurasia region; determine the extent to which the United States should continue to invest in its defense partnership with Georgia; explore how the United States can continue to support civil society and independent media organizations in Georgia; and determine 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.

112. Report on review of foreign assistance to Georgia Not later than 60 days after the date of the enactment of this Act, the Secretary, in coordination with the USAID Administrator and other relevant Federal agencies, shall submit a report to the appropriate congressional committees that outlines all assistance provided by any United States Government agency to the Government of Georgia that are not explicitly focused on democracy or rule of law and shall include— a detailed overview of each project; and associated funding allocations, including projected funding for each project. Not later than 60 days after the date on which the report required under subsection (a) is submitted, the Secretary shall— suspend all projects in Georgia carried out by the Department of State or other United States Government agencies that primarily provide material aid, reputational advantage, or sustenance to state actors, officials, or their proxies who undermine the democracy of Georgia and enable Russian aggression within and outside of Georgia; and consult with the appropriate congressional committees before any programming actions are taken in response to such review. The Secretary may reprogram any amounts that cannot be absorbed to support democracy and rule-of-law initiatives in Georgia to other initiatives taking place in other countries in the Europe and Eurasia region after notifying the appropriate congressional committees. No amounts appropriated or otherwise made available by the Act entitled An Act Making emergency supplemental appropriations for the fiscal year ending September 30, 2024, and for other purposes, approved April 24, 2024 (Public Law 118–50) may be obligated or expended for any assistance to Georgia unless the Secretary certifies to the appropriate congressional committees that— such obligation or expenditure is in the vital national security interest of the United States; or the Government of Georgia is taking measures— to represent the democratic wishes of the citizens of Georgia; and to uphold its constitutional obligation to advance membership in the European Union and NATO.

113. Sense of Congress regarding suspension of United States-Georgia strategic dialogue It is the sense of Congress that 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.

114. Defense cooperation with Georgia It is the sense of Congress that the United States— is proud of the strong defense relationship between the United States and Georgia, which was— cemented in 2002 through a Defense Cooperation Agreement; and further enhanced in October 2021 by the Georgia Defense and Deterrence Enhancement Initiative. is grateful to the Georgian Defense forces for their contributions to international peacekeeping missions, including— the NATO-led Kosovo Force mission; the European Union Military Operation in the Central African Republic; and its deployment of forces in support of United States forces in Iraq from 2006 to 2008; is grateful to the Georgian Ministry of Defense’s contributions toward the NATO-led International Security Assistance Force (referred to in this section as the ISAF) in Afghanistan, whereby— Georgia was one of the largest contributors of troops per capita for a non-NATO country; and 32 Georgian soldiers died and 280 Georgian soldiers were wounded in support of the ISAF mission; and should, to the extent possible, sustain strong ties between the United States military and the Georgian Ministry of Defense. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a defense review to determine whether the United States, in response to recent political developments in Georgia, should continue to support the military needs of Georgia.

201. Statement of policy in support of the Georgian people It is the policy of the United States— 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 anticorruption efforts; to support the sovereignty, independence, and territorial integrity of Georgia within its internationally recognized borders; 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 capacity of the Government of Georgia to protect its sovereignty and territorial integrity from further Russian aggression or encroachment; to support domestic and international efforts, including polling, pre-election and election-day observation efforts, to support the execution of free and fair elections in Georgia in October 2024; 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; and to underscore the unwavering bipartisan support from Congress in supporting the democratic aspirations of the Georgian people.

203. Report on disinformation and corruption in Georgia Not later than 120 days after the date of the enactment of this Act, the Secretary, in coordination with such agencies as the Secretary considers relevant, shall submit to the appropriate congressional committees a report that includes— an assessment of efforts within and outside of Georgia to spread disinformation within Georgia to mischaracterize or undermine the bilateral relationships between the United States and Georgia and the European Union and Georgia; a list of— sources that have played an active role in advancing disinformation campaigns to erode public support for the United States, the European Union, and NATO within Georgia; and efforts undertaken by the Government of Georgia to sanction actors involved in the spread of disinformation that limits its Euro-Atlantic aspirations; an assessment of the extent to which corrupt actors are undermining the ability of political parties and democratic institutions in Georgia to uphold and adhere to the principles of transparency and good governance; a list of policy options to assist the Government of Georgia in helping protect democracy and the rule of law by punishing bad actors; an overview of efforts in Georgia designed— to suppress a free and independent media; or to harass and intimidate civil society; a list of actors responsible for— the suppression of a free and independent media in Georgia; or harassment and intimidation of civil society in Georgia; an assessment of— the Russian Federation's influence and information operations in Georgia; and connections between the influence and operations described in subparagraph (A) and the broader agenda of the Russian Federation in the region; and an assessment of— the People’s Republic of China’s influence and information operations in Georgia; and connections between the influence and operations described in subparagraph (A) and the broader agenda of the People's Republic of China in the region. The report required under subsection (a) shall be submitted in unclassified form, with a classified annex.

204. Report on political prisoners in Georgia Not later than 120 days after the date of the enactment of this Act, the Secretary, in coordination with relevant Federal agencies, as determined by the Secretary, shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representativesa that includes— a list of prisoners within the Georgian prison system that the Department of State considers to be imprisoned for political reasons or otherwise wrongfully detained, especially those who have been detained since March 2024; and a description of efforts to work with Georgian authorities to advocate for the release of such prisoners. The report required under subsection (a) shall be submitted in unclassified form.

205. Sunset This Act, except for section 104, 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.