Introduced in House

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 36 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                 H. R. 36

 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

                            January 3, 2025

 Mr. Wilson of South Carolina (for himself, Mr. Cohen, Mr. Hudson, and
 Mr. Veasey) introduced the following bill; which was referred to the
 Committee on Foreign Affairs, and in addition to the Committee on the
 Judiciary, for a period to be subsequently determined by the Speaker,
 in each case for consideration of such provisions as fall within the
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE.

SECTION 1. SHORT TITLE.

    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.

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.

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.

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.

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, the Select Committee on Intelligence of the
                Senate, and the Committee on Armed Services of the
                Senate; and
                    (B) 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--
                    (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 paragraph
                (1) 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.

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 7.
    (i) Exceptions.--
            (1) Definitions.--In this section:
                    (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--

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.

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
        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.

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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