Belarus and Russia Investments in Democratic Governance during Exile Act
A BILL
To support Russia's democratic forces in exile and to codify sanctions imposed under certain Executive orders relating to the Russian Federation.
Sec. 2 Definitions
In this Act:
Appropriate congressional committees— The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Belarusian individual in exile— The term Belarusian individual in exile means a Belarusian individual who has been unable to return to Belarus because of a credible threat of persecution.
Credible threat of persecution— The term credible threat of persecution means a threat that causes an individual to have a reasonable fear of persecution as a result of the pro-democracy activity of that individual.
Pro-democracy activist— The term pro-democracy activist means an individual who advocates for democratic reform.
Pro-democracy activity— The term pro-democracy activity means activity taken to promote democracy.
Russian individual in exile— The term Russian individual in exile means a Russian individual who has been unable to return to the Russian Federation since February 24, 2022, because of a credible threat of persecution.
Secretary— The term Secretary means the Secretary of State.
USAID— The term USAID means the United States Agency for International Development.
Sec. 3 Findings
Congress finds the following:
The United States has sought to support democracy in the Russian Federation and with Russian individuals since 1991, including through programming by USAID valued at $3,000,000,000 between 1992 and 2012 to support democracy, economic growth, health, women, and youth, including programming in the Russian regions.
In May 1997, the North Atlantic Treaty Organization (referred to in this section as “NATO”) and the Russian Federation signed the NATO-Russia Founding Act, which established a NATO-Russia Permanent Joint Council to build trust and communication between the two parties.
Numerous nongovernmental organizations in the United States, including the National Endowment for Democracy, American Councils, and the Institute of International Education have worked to support Russian individuals and build ties between the people of the United States and the Russian Federation.
In 2012, the Russian Federation expelled the USAID, rejecting assistance meant to support Russian individuals and harming the United States-Russian Federation bilateral relationship.
In May 2015, the Russian Federation enacted a law that permits Russian authorities to extrajudicially shut down foreign and international organizations operating in Russia by declaring them to be “undesirable”. Russian authorities have since labeled as undesirable numerous nongovernmental organizations that have worked to strengthen the relationship between the United States and the Russian Federation, including the National Endowment for Democracy, American Councils, and the Institute of International Education.
The Russian Federation launched an illegal and unprovoked invasion of Ukraine in 2014 and a brutal, full-scale invasion of Ukraine in 2022, which caused NATO to suspend cooperation with the Russian Federation.
Russian opposition leader, pro-democracy activist, and anti-corruption campaigner Alexei Navalny died in a Russian prison on February 16, 2024, the day after he appeared in court in a healthy condition.
Recently released Russian opposition figure Vladimir Kara-Murza was unjustly imprisoned for almost 2 1/2 years for speaking out against the Russian war in Ukraine.
According to the Memorial Human Rights Center, hundreds of political prisoners remain in Russian jails, including—
Moscow municipal deputy Aleksei Gorinov;
pensioner Igor Baryshnikov;
the mother of a human rights lawyer, Zarema Musaeva; and
journalist Maria Ponomarenko.
Sec. 4 Sense of congress
It is the sense of Congress that—
the efforts of the Russian Federation to isolate its people from the world, commit horrific war crimes in Ukraine, and violently crack down on dissent at home should be universally condemned; and
the United States should continue its efforts to engage with and support Russian individuals and organizations, many of which are opposed to the unjust war by the Russian Federation against Ukraine and believe in a democratic future for their country.
Sec. 5 Russians in Exile Affairs Unit
Report required— Not later than 120 days after the date of the enactment of this Act, the Secretary and the Administrator of USAID, in coordination with the heads of other relevant agencies and departments, shall submit a report to the appropriate congressional committees on a plan to establish a “Russians in Exile Affairs Unit” (referred to in this subsection as the “Unit”).
Required elements— The report required under subsection (a) shall include—
a plan for establishing and staffing the Unit;
a description of how the Department of State and USAID will carry out the responsibilities described in subsection (c);
the estimated annual appropriations required to carry out such responsibilities;
3 potential locations in Europe at which the headquarters of the Unit could be located;
the advantages and disadvantages of establishing the Unit;
an estimate of the number of Russian individuals in exile; and
an assessment of Russian individuals in exile, including—
the reasons such individuals left the Russian Federation, particularly in relation to—
the invasion of Ukraine in 2022; and
increased political repression in the Russian Federation;
how such individuals have been engaged since leaving the Russian Federation; and
how United States officials and intermediaries have communicated with such individuals since the invasion of Ukraine in 2022.
Duties— The primary duties of the Unit shall be—
to facilitate communication and engagement with pro-democracy activists who are Russian individuals in exile;
to report on human rights issues that impact Russian individuals in exile;
to coordinate interagency and international efforts to combat Russian Federation-sponsored transnational repression;
to support Russian individuals in exile who remain outside the Russian Federation because of fear for their safety;
to lead engagement with European and Eurasian governments and private sector companies to resolve issues impacting Russian individuals in exile;
to assess challenges and develop solutions to problems faced by Russian individuals in exile, including—
access to bank accounts, credit cards, and online payment platforms;
issuance of travel documents, visas, and work permits; and
the ability to use technology platforms owned by companies in the United States and Europe to communicate with Russian individuals;
to evaluate the feasibility of developing a “whitelist”—
to which a Russian pro-democracy activist can apply to be recognized by the Department of State as a credible Russian non-state actor; and
that the Secretary shall provide to social media companies, technology companies, financial institutions, academic institutions, and other stakeholders in the United States to encourage institutional engagement with the Russian pro-democracy activist community, including by—
facilitating financial transactions;
monetizing media content produced by pro-democratic activists in the Russian Federation; and
purchasing political advertisements for distribution inside the Russian Federation; and
to collect and facilitate the consideration and assessment of evidence, presented by members of the Russian pro-democracy activist community, regarding significant human rights violations and corruption perpetrated by individuals connected to Vladimir Putin, including individuals who are responsible for implementing and supporting war by the Russian Federation against Ukraine and undermining democracy in the Russian Federation.
Sec. 6 Supporting operations of independent media and civil society
Sense of congress— It is the sense of Congress that—
state-sponsored Russian-language propaganda and disinformation in Eastern Europe and Central Asia sows discord and instrumentalizes Russian-speaking individuals to further disseminate propaganda and disinformation;
professional independent journalism informed by local voices can provide Russian-speaking individuals with reliable, accurate information that will mitigate the harmful influence of Kremlin-aligned propaganda and disinformation; and
because there is no clear dividing line between Russian individuals residing inside the Russian Federation and Russian individuals in exile because they are part of the same community of pro-democracy activists, assistance in the interest of benefitting future democracy in the Russian Federation may be channeled through Russian pro-democracy activists in exile, including support for the development and expansion of pro-democracy grassroots initiatives and a civic infrastructure that is no longer legally possible within the Russian Federation.
Authorization of appropriations— There is authorized to be appropriated $40,000,000, for each of the fiscal years 2025 through 2028 to USAID and the Bureau for Democracy, Human Rights, and Labor of the Department of State to support independent media and civil society in Russia, Eastern Europe, and Central Asia that are providing reliable and fact-based news to Russian-speaking populations and furthering the development of civic activity within the country.
Sec. 7 Supporting USAGM Ukraine initiatives
There is authorized to be appropriated $40,000,000 for each of the fiscal years 2025 through 2028 to the United States Agency for Global Media (USAGM) to continue and expand USAGM Ukraine related initiatives, including those run through Radio Free Europe/Radio Liberty, Technology Services and Innovation, Voice of America, Office of Policy and Research, the Middle East Broadcasting Network, Radio Free Asia, and the Office of Cuba Broadcasting.
Sec. 8 Preventing wrongful detentions
Sense of congress— It is the sense of Congress that—
the Office of the Special Presidential Envoy for Hostage Affairs, which was established by section 303 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741a), conducts crucially important work to bring home United States citizens who are wrongfully detained, including successfully securing the release from the Russian Federation of United States citizens Trevor Reed, Brittney Griner, Paul Whelan, Evan Gershkovich, and Alsu Kurmasheva;
due to the coordinated efforts of the United States, Germany, Slovenia, Norway, Poland, and Türkiye, allied governments successfully secured the release of American citizens, American nationals, German citizens, and Russian dissidents, including Vladimir Kara-Murza, Ilya Yashin, Andrei Pivovarov, Oleg Orlov, Lilia Chanysheva, Ksenia Fadeyeva, and Vadim Ostanin;
the United States should continue to advocate for the release of Russian political prisoners, Belarusian political prisoners, and Ukrainian hostages held in Russian and Belarusian jails, including by working creatively with allies and partners to expedite their release;
United States citizens should not travel to the Russian Federation or other countries with a history of wrongfully detaining United States citizens in an attempt to gain leverage over the United States; and
the Russian Federation should meet the basic needs and respect the human rights of all United States citizens in its custody.
Disclosure and acknowledgment of risk by air transportation passengers—
In general— Section 44907 of title 49, United States Code, is amended by adding at the end the following:
“(g) Disclosure and acknowledgment of risk of wrongful detention in the Russian Federation—Notwithstanding any other provision of law and without regard to whether the Secretary of Transportation conducts an assessment pursuant to subsection (a), takes another action pursuant to this section, or provides other notice pursuant to this section, each air carrier and foreign air carrier that provides passenger air transportation between the United States and the Russian Federation, and any online marketplace selling such passenger air transportation, shall, when issuing a ticket to a passenger for any travel itinerary that begins in the United States and concludes in, has a connecting flight within, or passes through the Russian Federation—
“(1) provide a warning about the history of the Russian Federation wrongfully detaining United States citizens and citizens of other countries; and
“(2) obtain an acknowledgment from each such passenger that the passenger understands the risk of possible wrongful detention for any travel itinerary that concludes in, has a connecting flight within, or passes through the Russian Federation.”
Report— Section 44938(a) of title 49, United States Code, is amended—
in paragraph (9), by striking “and” at the end;
by redesignating paragraph (10) as paragraph (11); and
by inserting after paragraph (9) the following:
“(10) an assessment of the activities carried out under section 44907(g) of this title; and”
Effective date— The amendments made by paragraphs (1) and (2) shall take effect on the date that is 60 days after the date of enactment of this Act.
Sec. 9 Status of exiled Russian individuals in Europe
It is the sense of Congress that the Secretary should urge the European Commission of the European Union and other relevant European government agencies to provide legal documentation to enable international travel to appropriately vetted Russian individuals in exile who face a credible threat of persecution in the Russian Federation.
Sec. 10 Diplomatic missions for consular services
Not later than 120 days after the date of enactment of this Act, the Secretary shall designate at least 3 additional diplomatic missions to provide consular services for citizens of the Russian Federation in countries—
that have direct flights from the Russian Federation or in which land borders with the Russian Federation remain passable; or
in which large numbers of citizens of the Russian Federation who left the Russian Federation on or after February 24, 2022 reside.
Sec. 11 Recognition of expired Russian Federation passports
Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Homeland Security, shall develop a process for recognizing expired Russian Federation passports as valid for travel to and from the United States until the Secretary certifies to the appropriate congressional committees and to the Commissioner for U.S. Customs and Border Protection that it is safe for a Russian individual in exile to return to the Russian Federation for document renewal.
Sec. 12 Findings regarding Belarus
Congress finds the following:
Sviatlana Tsikhanouskaya was the apparent winner of the 2020 Belarusian presidential election, in which the people of Belarus voted in record numbers, in an impressive display of their commitment to democracy.
Alyaksandr Lukashenka brutally cracked down upon the thousands of peaceful protestors that turned out in protest of election fraud by the Lukashenka regime, arbitrarily detaining more than 35,000 individuals and subjecting many of these individuals to torture.
The Lukashenka regime continues to unjustly imprison more than 1,500 people, including opposition leaders Viktar Babaryka, Siarhei Tsikhanouski, Maria Kalesnikava, Radio Free Europe/Radio Liberty journalists Andrey Kuznechyk and Ihar Losik, and Ihar Losik’s wife Darya Losik.
The Lukashenka regime has supported and facilitated the Russian Federation's illegal war against Ukraine, including by allowing the Russian Federation to fire ballistic missiles and launch offensive strikes against Ukraine from the territory of Belarus for the purpose of invading Ukraine and murdering Ukrainian citizens.
The Lukashenka regime has a policy of forcing Belarusian pro-democracy activists to return to Minsk for renewal of documents vital to maintaining their residency status in a safe third country, placing these Belarusians at risk of detention and torture.
Sec. 13 Status of exiled Belarusian individuals in Europe
It is the sense of Congress that the Secretary should urge the European Commission of the European Union and other relevant European government agencies to provide legal documentation to enable international travel to appropriately vetted Belarusian individuals in exile who face a credible threat of persecution in Belarus.
Sec. 14 Helping Belarusian individuals fleeing authoritarianism
Homeless nationality designation— Not later than 90 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Homeland Security, shall designate citizens of Belarus as a homeless nationality, in accordance with section 504.4–8(E)(1) of volume 9 of the Foreign Affairs Manual (9 FAM 504.4–8(E)(1)), for the purpose of processing visas for Belarusian citizens until the Secretary certifies to appropriate congressional committees that the United States has consular representation in Minsk.
Extended documentation— Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Homeland Security shall develop a process for recognizing expired Belarusian passports as valid for travel to and from the United States until the Secretary certifies to the appropriate congressional committees and to the Commissioner for U.S. Customs and Border Protection that it is safe for a Belarusian individual in exile to return to Belarus for document renewal.
Report— Not later than 60 days after enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary, shall submit a report outlining—
whether Belarus meets the criteria for a designation of temporary protected status under section 244 of the Immigration Act of 1990 (8 U.S.C. 1254a); and
if Belarus does meet such criteria, whether the Secretary of Homeland Security intends to make such a designation.
Sec. 15 Codification of certain sanctions with respect to the Russian Federation
In general— Each person listed or designated for the imposition of sanctions under an executive order described in subsection (b) as of the date of the enactment of this Act shall remain so designated, except as provided in subsections (c) and (d).
Executive orders specified— Executive orders specified in this section are—
Executive Order 13849 (22 U.S.C. 9521 note; relating to authorizing the implementation of certain sanctions set forth in the Countering America’s Adversaries Through Sanctions Act (22 U.S.C. 9401 et seq.));
Executive Order 13883 (22 U.S.C. 5605 note; relating to administration of proliferation sanctions and amendment of Executive Order 12851 (22 U.S.C. 2797 note; relating to the administration of proliferation sanctions, Middle East arms control, and related congressional reporting responsibilities));
Executive Order 14024 (50 U.S.C. 1701 note; relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation);
Executive Order 14039 (22 U.S.C. 9526 note; relating to blocking property with respect to certain Russian energy export pipelines);
Executive Order 14065 (50 U.S.C. 1701 note; relating to blocking property of certain persons and prohibiting certain transactions with respect to continued Russian efforts to undermine the sovereignty and territorial integrity of Ukraine);
Executive Order 14066 (50 U.S.C. 1701 note; relating to prohibiting certain imports and new investments with respect to continued Russian Federation efforts to undermine the sovereignty and territorial integrity of Ukraine);
Executive Order 14068 (50 U.S.C. 1701 note; relating to prohibiting certain imports, exports, and new investment with respect to continued Russian Federation aggression);
Executive Order 14071 (50 U.S.C. 1701 note; relating to prohibiting new investment in and certain services to the Russian Federation in response to continued Russian Federation aggression); and
Executive Order 14114 (88 Fed. Reg. 89271; relating to taking additional steps with respect to the Russian Federation’s harmful activities).
Termination of sanctions— The President may terminate the application of sanctions under subsection (a) with respect to a person if the President certifies to 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 that—
such person—
is not engaging in the activity that was the basis for such sanctions; or
has taken significant, verifiable steps toward stopping the activity that was the basis for such sanctions; and
the President has received reliable assurances that such person will not knowingly engage in any activity subject to sanctions in the future.
Exceptions—
Definitions— In this subsection:
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).
Good— The term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
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).
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).
Exception relating to importation of goods— A requirement to block and prohibit all transactions in all property and interests in property referred to in subsection (b) shall not include the authority or a requirement to impose sanctions on the importation of goods.
Exception to comply with the united nations headquarters agreement and law enforcement activities— Sanctions specified in subsection (b) shall not apply with respect to the admission of an alien to the United States if admitting or paroling the 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.
Exception to comply with intelligence activities— Sanctions specified in subsection (b) 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.
Humanitarian assistance— Sanctions specified in subsection (b) shall not apply to—
the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian assistance, or for humanitarian purposes; or
transactions that are necessary for, or related to, the activities described in subparagraph (A).