,i #aahth ,,congress #b;d ,session ,h4 ,r4 #gage ,,in ,,the ,,house ,,of ,,representatives ,january #ca1 #bjbd,mr4 ,mc,govern 7for himself1 ,mr4 ,raskin1 ,mrs4 ,torres of ,california1 ,ms4 ,omar1 and ,mr4 ,crow7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to protect individuals who face reprisals for defending human rights and democracy by enhancing the capacity of the ,united ,states ,government to prevent1 mitigate1 and respond in such cases1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,human ,rights ,defenders ,protection ,act of #bjbd4 #b4 ,findings ,congress finds the following3 7#a7 ,around the world1 human rights defenders form the backbone of democratic societies and movements1 advocating for human rights and political freedoms1 protecting the environment1 fighting corruption1 and supporting good governance1 independent media1 and labor rights4 7#b7 ,reprisals against human rights defenders are on the rise as autocratic and illiberal regimes increasingly target human rights defenders with fabricated legal charges1 threats and violence for exercising civil1 political1 economic1 social1 and cultural rights1 often collaborating with transnational criminal organizations1 paramilitary groups1 private sector actors1 and others to carry out such reprisals4 7#c7 ,according to the ,united ,nations ,high ,commissioner for ,human ,rights1 every year hundreds of human rights defenders are murdered and thousands more are subjected to torture1 enforced disappearance1 sexual violence1 hate crimes1 unlawful or arbitrary detention1 judicial harassment1 unlawful or arbitrary digital surveillance1 and forced exile4 7#d7 ,the lack of accountability for attacks on human rights defenders engenders further violence and leaves human rights defenders hesitant or unable to continue their work out of fear of retaliation4 7#e7 ,foreign governments are no longer oppressing only individuals within the borders of their countries and are increasingly resorting to transnational repression tactics1 both digital and physical1 to target human rights defenders outside of their countries of origin1 often where such human rights defenders are seeking asylum or temporary refuge4 7#f7 ,human rights defenders facing the highest levels of violence include individuals advocating for land rights and environmental issues1 ,indigenous communities1 the freedoms of expression1 assembly1 and association1 minority communities1 and ,,lgbtqi1 women's1 youth1 and religious rights4 7#g7 ,environmental human rights defenders are vulnerable to reprisals because such human rights defenders pose challenges to financial interests and often live in remote areas where government oversight is weak and powerful actors can use corrupt practices and brute force to seize resources with impunity4 7#h7 ,women human rights defenders often face additional grave risks1 including gender-based violence1 reprisals against their children1 use of digital disinformation campaigns against them1 and stigmatization from their families1 workplaces1 and communities4 7#i7 ,many human rights defenders who have been forced into exile desire to continue their advocacy from abroad1 yet such human rights defenders lack the legal protections and support they need to continue such advocacy4 7#aj7 ,the ,united ,states has a strong legacy of supporting human rights defenders4 ,given the rising number of human rights defenders at risk1 the ,united ,states should elevate and enhance such support1 especially at embassies1 consulates1 and foreign missions of the ,united ,states4 7#aa7 ,the training and guidance for individuals and organizations working with the ,united ,states ,government1 including members of the ,foreign ,service1 on recognizing and responding to reprisals against human rights defenders is insufficient1 leading to ad hoc and inconsistent responses1 while human rights defenders who are at risk are frequently unaware of how to safely work with ,united ,states officials abroad and the resources that are available to human rights defenders4 7#ab7 ,the ,united ,states has neither a coherent strategy to strengthen protections for human rights defenders1 nor adequate measures to prevent and respond to cases in which members of foreign security forces1 law enforcement1 judicial institutions1 criminal groups1 or private companies contribute to attacks on human rights defenders4 ,the ,united ,states also lacks adequate consular resources and authorities to facilitate temporary evacuation of human rights defenders facing immediate lethal danger4 7#ac7 ,while the ,united ,states possesses multiple tools to hold perpetrators of reprisals accountable1 including sanctions1 export controls1 visa restrictions1 and diplomatic pressure1 the ,united ,states deploys such tools unevenly and without clear connections to a broader strategic framework to strengthen protections for human rights defenders4 7#ad7 ,given the dramatic increase in attacks on human rights defenders globally1 the current approach by the ,united ,states ,government to address such attacks is insufficient to adequately respond to the threats human rights defenders face1 weakening the ability of the ,united ,states to advance human rights and democratic principles1 respond to the climate crisis1 counter corruption1 and combat transnational crime4 #c4 ,definitions ,in this ,act-- 7#a7 ,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 ,representatives4 7#b7 ,democracy advocate at risk ,the term democracy advocate at risk means a human rights defender or other individual engaging in peaceful democratic advocacy or political protest who participates in the ,reagan-,fascell ,democracy ,fellows ,program4 7#c7 ,human rights defender 7,a7 ,in general ,the term human rights defender means an individual1 working alone or in a group1 who uses nonviolent means to promote or protect human rights and fundamental freedoms1 in a manner consistent with the principles described in the ,united ,nations ,declaration on ,human ,rights ,defenders4 7,b7 ,inclusions ,the term human rights defender may include members of civil society organizations1 journalists1 activists1 lawyers1 community leaders1 land and environmental defenders1 labor leaders and activists1 anti-corruption activists1 whistleblowers1 political prisoners1 members of opposition political parties1 and any other individual engaging in peaceful advocacy1 actions1 or political protest4 7#d7 ,reprisal ,the term reprisal means an act or omission that-- 7,a7 violates1 intends to violate1 or encourages a violation of the rights of a human rights defender2 or 7,b7 otherwise prevents a human rights defender from carrying out his or her work4 7#e7 ,united ,nations ,declaration on ,human ,rights ,defenders ,the term ,united ,nations ,declaration on ,human ,rights ,defenders means the ,declaration on the ,right and ,responsibility of ,individuals1 ,groups and ,organs of ,society to ,promote and ,protect ,universally ,recognized ,human ,rights and ,fundamental ,freedoms 7,united ,nations ,general ,assembly ,resolution #ec_/add 7#aiih771 adopted by the ,united ,nations ,general ,assembly on ,december #i1 #aiih4 #d4 ,statement of policy ,it shall be the policy of the ,united ,states-- 7#a7 to reaffirm the commitment of the ,united ,states to-- 7,a7 the ,universal ,declaration of ,human ,rights1 adopted by the ,united ,nations on ,december #aj1 #aidh2 7,b7 the ,united ,nations ,declaration on ,human ,rights ,defenders2 and 7,c7 human rights defenders1 who1 often at great risk to themselves1 work nonviolently to protect and advance human rights and democratic principles2 7#b7 to integrate support for human rights defenders and democracy advocates and their protection from reprisals as part of bilateral and multilateral diplomatic1 development1 defense1 economic1 law enforcement1 security assistance1 export control1 climate1 and anti-corruption activities of the ,united ,states2 7#c7 to engage with the private sector to respect1 support1 and1 when possible1 protect human rights defenders and prevent human rights violations throughout business operations1 investments1 and supply chains in accordance with the ,guiding ,principles on ,business and ,human ,rights published by the ,united ,nations ,high ,commissioner for ,human ,rights and the ,,oecd ,guidelines for ,multinational ,enterprises on ,responsible ,business ,conduct2 7#d7 to work in solidarity with front-line human rights defenders and democracy advocates to integrate prevention1 mitigation1 and response measures into development and foreign assistance activities to strengthen physical and digital safety1 well-being1 protection measures1 and the resiliency of local organizations in the country of concern2 7#e7 to assist human rights defenders and their immediate family members living in exile so they can safely continue their work1 free from threats or acts of transnational repression2 7#f7 to end impunity for reprisals against human rights defenders by strengthening accountability for perpetrators1 including through appropriate investigations and prosecutions1 exercise of sanctions authorities such as the ,global ,magnitsky ,human ,rights ,accountability ,act 7#bb ,u4,s4,c4 #ajaja et seq471 and support for other mechanisms and measures2 7#g7 to strengthen access to justice and provide legal representation for human rights defenders2 7#h7 to affirm that support for human rights defenders and their protection from reprisals is central to the policy interests of the ,united ,states2 and 7#i7 to coordinate assistance strategies and direct assistance for human rights defenders with bilateral partners1 non-governmental foundations and charities1 and other advocates and service providers4 #e4 ,global strategy for human rights defenders 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and once every #c years thereafter1 the ,president1 in consultation with the heads of relevant ,federal agencies1 shall develop and submit to the appropriate congressional committees a comprehensive interagency strategy to support and protect human rights defenders abroad to be known as the ,global ,human ,rights ,defenders ,strategy 7referred to in this section as the ,strategy74 7b7 ,elements of the strategy ,the ,strategy shall include detailed information on the following elements3 7#a7 ,an assessment of tools and resources available at ,united ,states embassies and missions to support human rights defenders1 including-- 7,a7 measures to monitor and respond to reprisals against human rights defenders1 including human rights defenders located outside of their country1 and their immediate family members2 and 7,b7 information on implementation of the training required by subparagraph 7,e7 of section #gjh7;a77#a7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djbh7;a77#a771 as added by section #h4 7#b7 ,bolstering the ability of ,united ,states embassies and missions to prioritize the protection of human rights defenders1 including-- 7,a7 ensuring the policy objectives described in section #d are addressed in each country-specific ,integrated ,country ,strategy of the ,department of ,state2 7,b7 developing guidance for ,united ,states embassies and missions on assessing when and how to prevent and respond to reprisals against human rights defenders1 including in countries that host human rights defenders in exile2 7,c7 identifying a designated point of contact at each ,united ,states embassy or mission who-- 7i7 reports directly to the chief of mission2 and 7ii7 shall be responsible for-- 7,i7 conducting regular consultations with human rights defenders1 including individuals based outside of major urban areas1 individuals who are not members of registered civil society organizations1 and individuals in exile1 consistent with measures to ensure the protection of such individuals2 7,,ii7 tracking patterns of reprisals and managing responses to reprisals1 including by assessing the impact of such responses2 and 7,,iii7 immediately notifying the chief of mission1 the head of the relevant regional bureau of the ,department of ,state and the ,united ,states ,agency for ,international ,development1 the ,director of the ,bureau of ,democracy1 ,human ,rights1 and ,labor1 and the ,assistant to the ,administrator for the ,bureau of ,democracy1 ,human ,rights1 and ,governance in the event of any imminent threat to the life or grave threat to the personal safety of a human rights defender2 7,d7 publishing guidelines in local languages on the website of each ,united ,states embassy and mission on how to reach relevant embassy points of contact2 7,e7 integrating consideration of reprisals against human rights defenders into engagements by ,united ,states embassies and missions with the private sector1 and foreign governments2 7,f7 including requests for any additional resources needed to engage with and support human rights defenders in annual ,mission ,resource ,requests2 7,g7 acknowledging and rewarding efforts by ,united ,states diplomatic personnel1 including ,foreign ,service officers from the ,united ,states ,agency for ,international ,development and the ,department of ,state1 to protect human rights defenders as part of annual performance reviews2 7,h7 strengthening the efforts of host countries to bolster human rights1 protect human rights defenders1 and prevent human rights abuses and violations2 and 7,i7 identifying additional authorities or capabilities that need to be developed to address the growing threats facing human rights defenders4 7#c7 ,seeking to reduce impunity for reprisals against human rights defenders by strengthening accountability for perpetrators1 including-- 7,a7 using diplomatic engagement to encourage foreign governments to investigate and prosecute persons who order1 plan1 and carry out reprisals2 7,b7 using diplomatic engagement to respond to patterns of non-lethal reprisals that have an adverse impact on civic space1 including the criminalization of nonviolent advocacy1 smear campaigns1 and illegal surveillance2 and 7,c7 increasing support for multilateral initiatives that seek to curb the misuse of technologies by foreign governments to monitor1 harass1 or threaten human rights defenders and their families4 7#d7 ,how the ,united ,states intends to implement the policy objectives under section #d1 including-- 7,a7 specific and measurable goals2 7,b7 metrics to measure progress against such goals2 and 7,c7 a timeline for implementation4 7c7 ,implementation ,in implementing the ,strategy1 the ,president shall-- 7#a7 designate an employee of the ,national ,security ,council to be responsible for the coordination of the interagency process for implementing the ,strategy2 7#b7 require each relevant ,federal agency to provide a specific implementation plan for the ,strategy2 and 7#c7 regularly consult with relevant human rights defenders and civil society organizations both in the ,united ,states and abroad on the design and implementation of the ,strategy4 7d7 ,form and availability 7#a7 ,form ,the ,strategy shall be submitted in unclassified form1 but may include a classified annex1 if necessary4 7#b7 ,briefing ,not later than #cj days prior to publication of the ,strategy in accordance with paragraph 7#c71 the ,under ,secretary for ,civilian ,security1 ,democracy1 and ,human ,rights1 in consultation with the ,assistant to the ,administrator for ,democracy1 ,human ,rights1 and ,governance1 shall brief the appropriate congressional committees on the ,strategy4 7#c7 ,public availability ,the unclassified portion of the ,strategy shall be made available to the public1 including through publication in the ,federal ,register4 #f4 ,nonimmigrant visas for human rights defenders 7a7 ,in general ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended-- 7#a7 in paragraph 7#ae7-- 7,a7 in subparagraph 7,u77iii71 by striking 2 or and inserting a semicolon2 7,b7 in subparagraph 7,v77ii77,,ii71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7,w7 7i7 subject to section #bad7t71 an alien who-- 7,i7 demonstrates a credible fear of an urgent threat to his or her physical safety by a state or nonstate actor in the alien's country of nationality or last habitual residence based on the nature of the alien's work as a human rights defender1 including formal and informal employment and volunteer activities2 and 7,,ii7 has not advocated violence or terrorism2 and 7ii7 the children and spouse or partner of the alien described in clause 7i7 if accompanying1 or following to join1 such alien4 2 and 7#b7 by adding at the end the following3 7#ec7 ,the term urgent threat1 with respect to an individual described in paragraph 7#ae77,w77i77,i71 means any action1 communication1 or threat made against the individual that causes or has the intent to cause physical1 legal1 financial1 psychological1 or reputational harm4 4 7b7 ,application for admission ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7t7 7#a7 ,in the case of a nonimmigrant described in section #aja7;a77#ae77,w7-- 7,a7 the ,secretary of ,state shall issue a visa that is valid for #a or more admissions to the ,united ,states during a #c-year period2 and 7,b7 the ,secretary of ,homeland ,security shall authorize the alien to engage in employment in the ,united ,states during the period of authorized admission and shall provide the alien with an employment authorized endorsement or other appropriate document signifying authorizing employment4 7#b7 ,in determining whether an alien is eligible to be admitted to the ,united ,states as a nonimmigrant under section #aja7;a77#ae77,w77i7-- 7,a7 a foreign service officer1 outside of consular services1 including political and economic officers and officers of the ,united ,states ,agency for ,international ,development1 located at the ,united ,states ,embassy in the country concerned1 an official in the ,bureau for ,democracy1 ,human ,rights and ,labor1 or an official of ,bureau for ,democracy1 ,human ,rights1 and ,governance1 may submit a visa referral for the alien to the ,united ,states consulate in the country concerned2 7,b7 a consular officer1 located at the ,united ,states ,embassy or consulate in the country concerned-- 7i7 shall conduct an interview of the alien not later than #gb hours after the alien submits an application for admission as a nonimmigrant under that section2 7ii7 shall make a determination with respect to whether the alien's fear of an urgent threat is credible within the context of such country2 and 7iii7 shall consult with and seek references from relevant national or international human rights organizations or the ,united ,nations with respect to the alien1 including references suggested by the alien and the referring human rights officer2 and 7,c7 the ,bureau of ,consular ,affairs shall carry out all security screening through the appropriate databases4 7#c7 ,an unmarried alien who seeks to accompany or follow to join a parent granted status under section #aja7;a77#ae77,w77i71 and who was under #ba years of age on the date on which such parent applied for such status1 shall continue to be classified as a child for purposes of section #aja7;a77#ae77,w77ii71 if the alien attains #ba years of age after such parent's application was filed1 but while it was pending4 7#d7 7,a7 ,the number of aliens who may be issued visas or otherwise provided status as nonimmigrants under section #aja7;a7 7#ae77,w7 in any fiscal year shall not exceed #ejj4 7,b7 ,the numerical limitation in subparagraph 7,a7 shall only apply to principal aliens described in section #aja7;a77#ae77,w77i7 and not to the children or spouses or partners of such aliens4 4 #g4 ,human rights officers 7a7 ,sense of ,congress ,it is the sense of ,congress that the ,secretary of ,state should-- 7#a7 increase the number of ,foreign ,service officer positions dedicated to democracy and human rights graded at mid-level rank levels and posted to missions in countries facing complex democracy and human rights crises1 including countries facing high levels of violence against human rights defenders2 and 7#b7 increase the number of democracy1 human rights1 and labor positions graded at mid-level rank levels at overseas posts1 incorporating recommendations from the ,director of the ,bureau of ,democracy1 ,human ,rights1 and ,labor regarding scope of work and the location of posts4 7b7 ,reclassification to mid-,level 7#a7 ,recommendation ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit a recommendation to the appropriate congressional committees to reclassify not less than #aj human rights officers to the ,,fs-#c1 -#b1 or -#a level4 7#b7 ,reclassification ,not later than #bgj days after the date of the enactment of this ,act1 not less than #aj human rights officers shall be reclassified in accordance with this section4 7c7 ,increased human rights officers at posts 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary shall increase the number of personnel who are responsible for democracy and human rights issues1 with the goal of having at least one officer dedicated to democracy and human rights at every mission4 7#b7 ,responsibility ,the ,bureau of ,democracy1 ,human ,rights1 and ,labor shall lead selection and placement of such officers at diplomatic missions1 consulting with regional bureaus4 7d7 ,democracy and governance training ,democracy1 human rights1 and governance should be a core competency course for foreign service officers at each level of required training1 including those at the entry 7,a-#ajj71 mid1 and ,senior ,foreign ,service levels4 #h4 ,protecting human rights defenders at multilateral and regional bodies ,the ,secretary of ,state and the ,united ,states ,permanent ,representative to the ,united ,nations shall use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations1 international financial institutions1 regional bodies1 and other multilateral bodies-- 7#a7 to promote full participation and oppose efforts that prevent the full participation of human rights defenders or block the accreditation of bona fide human rights organizations seeking consultative status at such institutions and bodies2 7#b7 to ensure that such institutions and bodies bolster the protection and safe participation of human rights defenders who are subject to transnational repression1 state harassment1 and reprisals2 7#c7 to increase monitoring and reporting to identify and track reprisals against human rights defenders1 including human rights defenders who engage with such institutions and bodies2 7#d7 to urge member states to engage with the ,united ,nations ,special ,rapporteur on the situation of human rights defenders 7referred to in this section as the ,special ,rapporteur71 to cooperate with the ,special ,rapporteur1 and to take steps to implement the recommendations of the ,special ,rapporteur2 and 7#e7 to support the use of targeted sanctions1 censure of member states1 and all diplomatic tools available to hold responsible persons that engage in reprisals against human rights defenders4 #i4 ,support for democracy advocates at-risk 7a7 ,in general ,congress-- 7#a7 recognizes the importance of democracy advocates at risk who support democracy1 human rights1 transparency and the rule of law2 and 7#b7 remains gravely concerned about concerted efforts by state and non-state actors to constrain the activities of democracy advocates at risk through reprisals that are intended to frustrate or halt legitimate activities4 7b7 ,fellowships for democracy advocates at risk ,the ,national ,endowment for ,democracy is authorized to expand the ,reagan-,fascell ,democracy ,fellows ,program to provide additional fellowships1 including in partnership with other institutions and organizations1 to support democracy advocates at risk4 #aj4 ,annual country reports on human rights practices ,section #aaf7;f77#a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7f77#a77 is amended-- 7#a7 by redesignating subparagraph 7,c7 as subparagraph 7,e72 and 7#b7 by inserting after subparagraph 7,b7 the following3 7,c7 ,a description of the treatment of human rights defenders 7as defined in section #c of the ,human ,rights ,defenders ,protection ,act of #bjbd7 in each foreign country1 including patterns of reprisals 7as defined in such section7 against human rights defenders residing in-country1 including information on the underlying types of activities targeted and the types of tactics being used and descriptions of specific cases in which the relevant human rights defender or family member of such human rights defender has provided prior consent4 7,d7 ,when feasible1 details on the total number of investigations opened into reprisals against human rights defenders1 including1 for such reprisals1 the number of prosecutions1 the details of the individuals sentenced1 and the percentage of individuals acquitted4 4 #aa4 ,training ,section #gjh7;a77#a7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djbh7;a77#a77 is amended-- 7#a7 in subparagraph 7,c71 by striking and at the end2 7#b7 in subparagraph 7,d71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following new subparagraph3 7,e7 for ,foreign ,service ,officers and ,presidential appointees1 including chiefs of mission1 in missions abroad who work on political1 economic1 public diplomacy1 security1 or development issues1 a dedicated module of instruction on support for human rights defenders1 including human rights defenders who are informally organized outside of registered civil society organizations2 and 4 #ab4 ,authorization of appropriations 7a7 ,strategy and training ,there is authorized to be appropriated #e1jjj1jjj for each of fiscal years #bjbd through #bjbh to carry out-- 7#a7 the ,strategy described in section #e2 7#b7 reporting requirements described in subsections 7,c7 and 7,d7 of section #aaf7;f77#a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7f77#a771 as added by section #ad2 and 7#c7 the training required by section #gjh7;a77#a77;,e7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djbh7;a77#a771 as added by section #ad4 7b7 ,human rights officers ,there is authorized to be appropriated #aj1jjj1jjj for each of fiscal years #bjbd to #bjbh to carry out section #g4 7c7 ,support of democracy advocates at-risk ,there is authorized to be appropriated to the ,national ,endowment for ,democracy #e1jjj1jjj for each of fiscal years #bjbd through #bjbh for the ,reagan-,fascell ,democracy ,fellows ,program for additional fellowships for democracy advocates at risk4