Ukraine Support Act - (Sec. 2) Sets forth U.S. policy regarding Ukraine, including: (1) support for the sovereignty and territorial integrity of a democratic Ukraine, and (2) condemnation of Russia's armed intervention into Ukraine and its illegal annexation of Crimea.
Title I: Assistance Provisions - (Sec. 101) Authorizes and encourages the President to provide assistance to support democracy and civil society, including community- and faith-based organizations, in Ukraine by: (1) improving democratic governance and anti-corruption efforts; (2) supporting Ukrainian efforts to foster greater unity among people and regions of the country, combat anti-Semitism, and promote respect for religious freedom; (3) supporting the people and government of Ukraine in conducting free and fair elections; (4) assisting Ukraine in diversifying its economy, trade, and energy supplies; and (5) expanding access to independent media and assisting with the protection of journalists and civil society activists.
Authorizes FY2014 appropriations for such activities.
(Sec. 102) States that it shall be U.S. policy to work with other countries and international institutions to stabilize and reform Ukraine's economy.
Expresses the sense of Congress that U.S. loan guarantees for Ukraine should be used to promote anti-corruption efforts and government, banking, and energy sector reforms.
(Sec. 103) Directs Radio Free Europe/Radio Liberty (RFE/RL), Incorporated, and the Voice of America (VOA) service to Ukraine and neighboring regions to: (1) provide accurate and accessible news and information; (2) emphasize investigative and analytical journalism to highlight misinformation provided by Russian or pro-Russian media outlets; (3) prioritize programming to target populations and areas where access to uncensored information is limited, especially populations serviced by Russian supported media outlets; (4) increase the number of reporters and organizational presence in eastern Ukraine, especially in Crimea; (5) promote democratic processes, human rights, freedom of the press, and territorial sovereignty; (6) increase programming and content services that promote democracy to Russia; (7) prioritize programming to eastern Ukraine, including Crimea, and Moldova, and to ethnic and linguistic Russian populations, as well as to Tatar minorities; (8) prioritize news and information that contribute to the target audiences' understanding of political and economic developments in Ukraine and Moldova; (9) partner with private sector broadcasters and affiliates to increase distribution; (10) expand the use and audience of mobile news and multimedia platforms, including through Internet-based social networking platforms; and (11) provide programming content 24 hours a day, 7 days a week to target populations, including specified programming in Ukrainian, Russian, and Tatar languages.
Authorizes FY2014 appropriations for programming in the Ukrainian, Balkan, Russian, and Tatar language services of RFE/RL, Incorporated, and VOA to: (1) bolster programming to the people of Ukraine and neighboring regions, and (2) increase programming capacity and jamming circumvention technology.
Requires the Broadcasting Board of Governors to report to Congress on plans to increase broadcasts.
(Sec. 104) Expresses the sense of Congress that the Overseas Private Investment Corporation (OPIC) should prioritize investments in Ukraine.
(Sec. 105) States that it shall be U.S. policy to assist Ukraine foster a democratically reformed police force and an independent judicial system.
Authorizes FY2014 appropriations to assist Ukraine strengthen its law enforcement capabilities and maintain the rule of law.
(Sec. 106) Directs the Secretary of State to seek to provide enhanced security cooperation with Central and Eastern European North Atlantic Treaty Organization (NATO) member states, including through military exercises and the provision of defense articles and services.
(Sec. 107) Expresses the sense of Congress that: (1) specified U.S. assistance to Ukraine under the Foreign Assistance Act of 1961 and the Arms Export Control Act should continue, (2) the President is encouraged to draw down Department of Defense (DOD) stocks in order to provide security assistance to the government of Ukraine, and (3) the government of Ukraine should make greater efforts to secure the protection of classified information and military equipment.
States that it shall be U.S. policy to enhance Ukraine's self-defense, including through assistance to improve the armed forces.
Directs the Secretary of State to review and report to Congress on U.S. security assistance to Ukraine.
(Sec. 108) Expresses the sense of Congress that the Administration should provide assistance to the government of Ukraine through appropriate U.S. government and multilateral programs (including the Department of Justice's Kleptocracy Asset Recovery Initiative, the Egmont Group, the Stolen Asset Recovery Initiative, the Camden Asset Recovery Inter-Agency Network, and the Asset Recovery Focal Point Initiative) to recover assets missing from the government of Ukraine or linked to purported acts of corruption by former President Viktor Yanukovych, members of his family, and other former or current senior foreign political figures of the government of Ukraine in any jurisdiction.
(Sec. 109) Expresses the sense of Congress that the European Bank for Reconstruction and Development should increase investments in Ukraine and cease new investments in the Russian Federation.
Amends the Enhanced Partnership with Pakistan Act of 2009 to reduce specified funding for Pakistan through FY2014.
Title II: Sanctions Provisions - (Sec. 201) Continues specified property-blocking sanctions under Executive Orders 13660, 13661, and 13662 against certain persons contributing to the situation in Ukraine.
(Sec. 202) States that it shall be U.S. policy to impose sanctions on those individuals inside and outside the government of the Russian Federation who wield significant influence over Russian foreign policy, in particular regarding the violation of Ukraine's sovereignty, democracy, and territorial integrity.
Imposes asset and visa/entry sanctions against a foreign person or an alien who on or after November 21, 2013: (1) is responsible for or engaged in actions that undermine democratic processes in Ukraine or that threaten its peace or territorial integrity, acts of significant corruption in Ukraine, or expropriation of assets from Ukraine, or the commission of serious human rights abuses; (2) is a current or former senior official of the Russian Federation who has engaged in any such activity; (3) operates in the arms sector in the Russian Federation that has engaged in any such activity; (4) is a current or former leader of an entity that has engaged in any such activity, or of an entity whose property and interests in property are blocked pursuant to this Act; (5) has materially assisted or provided financial, material, or technological support for any such activity, or of any person whose property and interests in property are blocked pursuant to this Act; or (6) is owned or controlled by, or has acted for or on behalf of any person whose property and interests in property are blocked pursuant to this Act.
Subjects violators of such provisions to specified penalties.
States that U.S. exclusion sanctions shall not apply if necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations or other applicable international obligations.
Authorizes the President to waive the imposition of such sanctions if in the U.S. national interest, subject to notice and justification to Congress within 15 days of any such waiver's taking effect.
Requires the Secretary of State to report to Congress at least once every 180 days for a period not to exceed 2 years regarding senior foreign political figures of the Russian Federation who have been determined to have engaged in sanctionable actions under this section.
Requires the President to respond to inquiries from the chairperson or ranking member of an appropriate congressional committee as to whether a specific senior Russian political figure is engaged in such sanctionable actions.
Terminates sanctions under this section at the earlier of: (1) 90 days after the President certifies to Congress that Ukrainian sovereignty is not being violated by the Russian Federation or any other state, or (2) 30 days after any date subsequent to January 1, 2020, on which the President submits to Congress a determination that sanctions termination is in U.S. national security interests.
(Sec. 203) Authorizes the imposition of asset blocking and and visa/entry sanctions against: (1) any government official of the Russian Federation, or a close associate or family member of such an official, who is responsible for or complicit in directing acts of significant corruption in the Russian Federation, including the expropriation of private or public assets for personal gain, government contract corruption, or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; and (2) any individual who has materially assisted, sponsored, or provided financial, material, or technological support for such acts.
Authorizes the President to waive the imposition of such sanctions if in the U.S. national interest, and subject to the President
(Sec. 204) Directs the Secretary of State and the Secretary of the Treasury to report jointly to Congress every 180 days for up to 2 years regarding foreign financial institutions that: (1) control government of Ukraine state-owned or controlled assets in a manner contrary to that government's interests; (2) are involved in illicit financial activities organized under the laws of the Russian Federation, or owned or controlled by a sanctionable foreign person; and (3) are aiding in the violation of Ukrainian sovereignty, independence, and territorial integrity, including the Crimea.
(Sec. 205) Expresses the sense of Congress that the President should expand the list of 18 Russian officials and others who were engaged in certain actions regarding the death of Sergei Magnitsky, illegal activity by officials of the Russian Federation, or violations of human rights.
(Sec. 207) Expresses the sense of Congress that the United States should work to suspend temporarily all activities and meetings of the NATO-Russia Council.
Title III: Reporting Requirements - (Sec. 301) Directs the Secretary of State to report annually to Congress through 2020 with respect to Russia's current and future security and foreign policy posture.
(Sec. 302) Directs the the President to report to Congress with respect to whether Russia is in material breach of its obligations under the Intermediate-Range Nuclear Forces (INF) Treaty, and if so, describe measures taken to: (1) hold the Russian Federation accountable for its violation, and (2) ensure that the Russian Federation eliminates any military system that constitutes a material breach of its INF obligations.
(Sec. 303) Directs the Department of State's Special Envoy and Coordinator for International Energy Affairs to report on the potential short, medium, and long-term impacts of increased U.S. natural gas and oil exports on Russia's economic and political influence over Ukraine and other European countries.
(Sec. 304) Amends the the Iran, North Korea, and Syria Nonproliferation Act to require the President to fully implement the Iran, North Korea, and Syria Nonproliferation Act, including sanctions against Russian companies.
Encourages the President to place special emphasis on any foreign person in Russia, including any Russian Federation official, who is engaged in a prohibited activity with respect to the government of President Bashar al-Assad of Syria.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4278 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4278
To support the independence, sovereignty, and territorial integrity of
Ukraine, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2014
Mr. Royce (for himself and Mr. Engel) 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 support the independence, sovereignty, and territorial integrity of
Ukraine, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Ukraine Support
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. United States policy.
TITLE I--ASSISTANCE PROVISIONS
Sec. 101. Support for democratic governance and civil society in
Ukraine.
Sec. 102. Economic reform in Ukraine.
Sec. 103. United States international programming to Ukraine and
neighboring regions.
Sec. 104. Overseas Private Investment Corporation.
Sec. 105. Enhanced assistance for law enforcement in Ukraine.
Sec. 106. Enhanced security cooperation among Central and Eastern
European NATO member states.
Sec. 107. United States-Ukraine security assistance.
Sec. 108. Recovery of assets linked to corruption in Ukraine.
Sec. 109. European Bank for Reconstruction and Development.
TITLE II--SANCTIONS PROVISIONS
Sec. 201. Continuation in effect of sanctions with respect to the
blocking of certain persons contributing to
the situation in Ukraine.
Sec. 202. Imposition of additional sanctions on persons responsible for
violence or who undermine the independence,
sovereignty, or territorial or economic
integrity of Ukraine.
Sec. 203. Report on certain foreign financial institutions.
Sec. 204. Amendment to the Iran, North Korea, and Syria
Nonproliferation Act.
Sec. 205. Sense of Congress on human rights in the Russian Federation.
Sec. 206. Certification described and submission to Congress.
Sec. 207. Appropriate congressional committees defined.
SEC. 2. UNITED STATES POLICY.
It is the policy of the United States--
(1) to support the right of the people of Ukraine to freely
determine their future, including their country's relationship
with other nations and international organizations, without
interference, intimidation, or coercion by other countries;
(2) to support the people of Ukraine in their desire to
address endemic corruption, consolidate democracy, and achieve
sustained prosperity;
(3) to support the efforts of the Government of Ukraine to
bring to justice those responsible for the acts of violence
against peaceful protestors and other unprovoked acts of
violence related to the anti-government protests that began on
November 21, 2013;
(4) to support the efforts of the Government of Ukraine to
recover and return to the Ukrainian state funds stolen by
former President Yanukovych, his family, and other current and
former members of the Ukrainian government, along with others
legitimately charged by government authorities with similar
offenses;
(5) to assist the Government of Ukraine in preparations for
the presidential election scheduled for May 25, 2014, and to
participate in efforts to ensure that this election is
conducted in accordance with international standards;
(6) to promote democratic values, transparent and
accountable government institutions, and advance United States
national security interests through United States international
broadcasting, including the Voice of America and Radio Free
Europe/Radio Liberty (RFE/RL), Incorporated;
(7) to support needed economic structural reforms in
Ukraine, including in the fiscal, energy, pension, and banking
sectors, among others;
(8) to support energy diversification initiatives to reduce
Russian control of energy supplies to Ukraine and other
European countries, including United States promotion of
increased natural gas exports and energy efficiency;
(9) to condemn the armed intervention of the Russian
Federation in Ukraine, including its continuing political,
economic, and military aggression against that country;
(10) to work with United States allies and partners in
Europe and around the world, including at the United Nations,
to ensure that all nations refuse to recognize the illegal
annexation of Crimea by the Russian Federation and reaffirm the
independence, sovereignty, and territorial integrity of
Ukraine;
(11) to refuse to recognize the legitimacy of the illegal
referendum in Crimea on March 16, 2014, on the status of that
region of Ukraine, which was held under conditions of
occupation and coercion by Russian forces;
(12) to support the deployment of international monitors to
Ukraine to assess the current status of its territorial
integrity and the safety of all people in Ukraine;
(13) to encourage the Government of Ukraine to continue to
respect and protect the rights of all ethnic, religious, and
linguistic minorities;
(14) to call on all Ukrainians to respect the legitimate
government authorities, as well as all Ukrainian laws and the
Constitution of Ukraine in all regions of Ukraine, including
Crimea; and
(15) to honor and abide by its commitments undertaken
pursuant to Article 5 of the North Atlantic Treaty, signed at
Washington, District of Columbia, on April 4, 1949, and entered
into force on August 24, 1949.
TITLE I--ASSISTANCE PROVISIONS
SEC. 101. SUPPORT FOR DEMOCRATIC GOVERNANCE AND CIVIL SOCIETY IN
UKRAINE.
(a) In General.--The President is authorized and encouraged to
provide assistance to support democracy and civil society in Ukraine by
undertaking the activities described in subsection (b).
(b) Activities Described.--The activities described in this
subsection are--
(1) improving democratic governance, transparency,
accountability, rule of law, and anti-corruption efforts;
(2) supporting Ukrainian efforts to foster greater unity
among people and regions of the country, combat anti-Semitism
and promote respect for religious freedom;
(3) supporting the people and Government of Ukraine in
preparing to conduct and participate in free and fair
elections, including through domestic and international
election monitoring;
(4) assisting Ukraine in diversifying its economy, trade,
and energy supplies, including at the national, regional, and
local levels;
(5) strengthening democratic institutions and political and
civil society organizations; and
(6) expanding free and unfettered access to independent
media of all kinds in Ukraine and assisting with the protection
of journalists and civil society activists who have been
targeted for free speech activities.
(c) Availability of Funds.--Of amounts made available to carry out
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for fiscal
year 2014, $50,000,000 is authorized to be appropriated to carry out
this section.
SEC. 102. ECONOMIC REFORM IN UKRAINE.
(a) Findings.--Congress finds the following:
(1) The Ukrainian economy is weak and vulnerable, as
evidenced by short-term debt interest rates as high as 15
percent, a high proportion of foreign exchange-denominated
government debt that will mature in 2014 and 2015, a banking
sector with non-performing loans at the high level of 14
percent, a financing gap which the Government of Ukraine has
estimated will amount to $35 billion over the next two years,
and a large underground economy. This economic condition
undermines democratic prospects in Ukraine.
(2) Years of poor economic management and performance have
undermined and may continue to undermine political stability
and unity within Ukraine.
(3) On March 6, 2014, the House of Representatives passed
H.R. 4152, to redirect previously appropriated funds to cover
the cost of roughly $1 billion in loan guarantees for Ukraine.
(b) Statement of Policy.--It shall be the policy of the United
States to work with other countries and international institutions to
stabilize the Ukrainian economy, while promoting critically needed
structural economic reforms in Ukraine, including--
(1) cutting the massive natural gas subsidies that have led
to market inefficiencies;
(2) reducing the bloated public sector;
(3) maintaining a market-determined exchange rate;
(4) strengthening the vulnerable banking sector; and
(5) reducing corruption.
(c) Sense of Congress.--It is the sense of Congress that loan
guarantees provided by the United States for Ukraine should be used to
promote government, banking and energy sector reform, and anti-
corruption efforts in Ukraine.
SEC. 103. UNITED STATES INTERNATIONAL PROGRAMMING TO UKRAINE AND
NEIGHBORING REGIONS.
(a) Findings and Declarations.--Congress finds and declares the
following:
(1) The Russian Government has deliberately blocked the
Ukrainian people's access to uncensored sources of information
and has provided alternative news and information that is both
inaccurate and inflammatory.
(2) United States international programming exists to
advance the United States interests and values by presenting
accurate and comprehensive news and information, which is the
foundation for democratic governance.
(3) The opinions and views of the Ukrainian people,
especially those people located in the eastern regions and
Crimea, are not being accurately represented in Russian
dominated mass media.
(4) Russian forces have seized more than five television
stations in Crimea and taken over transmissions, switching to a
24/7 Russian propaganda format; this increase in programming
augments the already robust pro-Russian programming to Ukraine.
(5) United States international programming has the
potential to combat this anti-democratic propaganda.
(b) Programming.--Radio Free Europe/Radio Liberty (RFE/RL),
Incorporated, and the Voice of America service to Ukraine and
neighboring regions shall--
(1) provide news and information that is accessible,
credible, and accurate;
(2) emphasize investigative and analytical journalism to
highlight inconsistencies and misinformation provided by
Russian or pro-Russian media outlets;
(3) prioritize programming to areas where access to
uncensored sources of information is limited or non-existent,
especially populations serviced by Russian supported media
outlets;
(4) increase the number of reporters and organizational
presence in eastern Ukraine, especially in Crimea;
(5) promote democratic processes, respect for human rights,
freedom of the press, and territorial sovereignty; and
(6) take necessary preparatory steps to continue and
increase programming and content services to Russia.
(c) Programming Surge.--RFE/RL, Incorporated, and Voice of America
programming to Ukraine and neighboring regions shall--
(1) prioritize programming to eastern Ukraine, including
Crimea, and to ethnic and linguistic Russian populations, as
well as Tatar minorities;
(2) prioritize news and information that directly
contributes to the target audiences' understanding of political
and economic developments in Ukraine, including countering
misinformation that may originate from other news outlets,
especially Russian supported news outlets;
(3) provide programming content 24 hours a day, seven days
a week to target populations, using all available and effective
distribution outlets, including--
(A) at least 8 weekly hours of total original
television and video content in Ukrainian, Russian, and
Tatar languages, not inclusive of live video streaming
coverage of breaking news, to be distributed on
satellite, digital, and through regional television
affiliates by the Voice of America; and
(B) at least 14 weekly hours the total audio
content in Ukrainian, Russian, and Tatar languages to
be distributed on satellite, digital, and through
regional radio affiliates of RFE/RL, Incorporated;
(4) expand the use, audience, and audience engagement of
mobile news and multimedia platforms by RFE/RL, Incorporated,
and the Voice of America, including through Internet-based
social networking platforms; and
(5) partner with private sector broadcasters and affiliates
to seek and start co-production for new, original content, when
possible, to increase distribution.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
fiscal year 2014, in addition to funds otherwise made available
for such purposes, up to $10,000,000 to carry out programming
in the Ukrainian, Balkan, Russian, and Tatar language services
of RFE/RL, Incorporated, and the Voice of America, for the
purpose of bolstering existing United States programming to the
people of Ukraine and neighboring regions, and increasing
programming capacity and jamming circumvention technology to
overcome any disruptions to service.
(2) Offset.--Section 102(a) of the Enhanced Partnership
with Pakistan Act of 2009 (22 U.S.C. 8412(a); Public Law 111-
73; 123 Stat. 2068) is amended by striking ``$1,500,000,000''
and inserting ``$1,490,000,000''.
(e) Report.--Not later than 15 days after the date of the enactment
of this Act, the Broadcasting Board of Governors shall submit to the
Committees on Foreign Affairs and Appropriations of the House of
Representatives and the Committees on Foreign Relations and
Appropriations of the Senate a detailed report on plans to increase
broadcasts pursuant to subsections (a) and (b).
SEC. 104. OVERSEAS PRIVATE INVESTMENT CORPORATION.
It is the sense of Congress that the Overseas Private Investment
Corporation should prioritize investments in Ukraine.
SEC. 105. ENHANCED ASSISTANCE FOR LAW ENFORCEMENT IN UKRAINE.
(a) Statement of Policy.--It shall be the policy of the United
States to assist Ukraine to eliminate the human rights abuses
associated with the Berkut forces in order to foster a democratically
reformed police force with strong public oversight, which is critical
to fostering political unity and stability throughout Ukraine.
(b) Availability of Funds.--Of amounts made available to carry out
section 1207 of the National Defense Authorization Act for Fiscal Year
2012 (22 U.S.C. 2151 note) for fiscal year 2014, $8,000,000 is
authorized to be appropriated to enhance United States efforts to
assist Ukraine to strengthen law enforcement capabilities and maintain
the rule of law.
(c) Notification Requirement.--The congressional notification
requirements contained in section 1207(l) of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C. 2151 note) shall
apply to the initiation of activities under a program of assistance
under subsection (b) to the same extent and in the same manner as such
congressional notification requirements apply to the initiation of
activities under a program of assistance section 1207(b) of such Act.
SEC. 106. ENHANCED SECURITY COOPERATION AMONG CENTRAL AND EASTERN
EUROPEAN NATO MEMBER STATES.
(a) In General.--The Secretary of State, in consultation with the
heads of appropriate United States departments and agencies, shall seek
to provide enhanced security cooperation with Central and Eastern
European North Atlantic Treaty Organization (NATO) member states by
undertaking the activities described in subsection (b).
(b) Activities Described.--The activities described in this
subsection are--
(1) enhancing existing security cooperation, including
defense and military-to-military cooperation, among Central and
Eastern European NATO member states;
(2) enhancing security relationships among the United
States, the European Union, and Central and Eastern European
NATO member states;
(3) providing defense articles, defense services, and
military training to Central and Eastern European NATO member
states;
(4) expanding the scope and frequency of military exercises
among Central and Eastern European NATO member states; and
(5) supporting greater reform, professionalism, and
capacity-building efforts within the military, intelligence,
and security services in Central and Eastern European NATO
member states.
SEC. 107. UNITED STATES-UKRAINE SECURITY ASSISTANCE.
(a) Findings.--Congress finds that--
(1) in fiscal year 2013 the United States provided Ukraine
with nearly $2,000,000 in assistance under chapter 5 of part II
of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.;
relating to International Military Education Training) and
nearly $7,000,000 in assistance under section 23 of the Arms
Export Control Act (22 U.S.C. 2763; relating to the Foreign
Military Financing Program); and
(2) Ukraine has been a longstanding member of NATO's
Partnership for Peace.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States assistance to Ukraine under chapter 5 of
part II of the Foreign Assistance Act of 1961 and section 23 of
the Arms Export Control Act should continue;
(2) consistent with section 506(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2318(a)), the President is
encouraged to draw down defense articles from the stocks of the
Department of Defense, in order to provide non-lethal
assistance, which could include communication equipment,
clothing, fuel and other forms of appropriate assistance, to
the Government of Ukraine; and
(3) the Administration should expeditiously conclude its
current review of all security assistance to the Government of
Ukraine.
SEC. 108. RECOVERY OF ASSETS LINKED TO CORRUPTION IN UKRAINE.
It is the sense of Congress that the Administration should provide
expedited assistance to the Government of Ukraine to identify,
investigate, secure, and recover assets stolen from the Government of
Ukraine or linked to acts of corruption by former President Viktor
Yanukovych, members of his family, and other former or current
Ukrainian government officials, and their accomplices in any
jurisdiction through appropriate United States Government and
multilateral programs, including the Department of Justice's
Kleptocracy Asset Recovery Initiative, the Egmont Group, the Stolen
Asset Recovery Initiative, the Camden Asset Recovery Inter-Agency
Network, and the Asset Recovery Focal Point Initiative.
SEC. 109. EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT.
(a) Findings.--The Congress finds the following:
(1) Article 1 of the Agreement Establishing the European
Bank for Reconstruction and Development (EBRD) states that the
EBRD should support investments in countries that are committed
to and applying the principles of multiparty democracy,
pluralism, and market economics, and the EBRD has recognized
that Russian ``progress in the application of these principles
. . . has been uneven''.
(2) Russia received 21 percent of the investments made by
the EBRD in 2013, which is more than any other country received
from the EBRD in that year, and has received an inordinate
ratio of investment from the EBRD since the 2006 Capital
Resources Review.
(b) Sense of the Congress.--It is the sense of the Congress that
the European Bank for Reconstruction and Development (EBRD) should
increase investments in Ukraine and cease new investments in the
Russian Federation, and the United States Government should press the
EBRD to support new investment in Ukraine and halt consideration of new
investment in Russia.
TITLE II--SANCTIONS PROVISIONS
SEC. 201. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT TO THE
BLOCKING OF CERTAIN PERSONS CONTRIBUTING TO THE SITUATION
IN UKRAINE.
(a) In General.--United States sanctions described in subsection
(b), as in effect on the day before the date of the enactment of this
Act, shall remain in effect until the earlier of--
(1) the date that is 90 days after the date on which the
President submits to the appropriate congressional committees
the certification described in subsection (a) of section 206 in
accordance with subsection (b) of such section; or
(2) the date that is 30 days after any date subsequent to
January 1, 2020, on which the President submits to the
appropriate congressional committees in writing a determination
that the termination of such sanctions imposed is in the vital
national security interests of the United States.
(b) Sanctions Described.--United States sanctions described in this
subsection are sanctions imposed under the following executive orders:
(1) Executive Order 13660 (March 6, 2014; relating to
blocking property of certain persons contributing to the
situation in Ukraine).
(2) Executive Order 13661 (March 16, 2014; relating to
blocking property of additional persons contributing to the
situation in Ukraine).
(3) Executive Order 13662 (March 20, 2014; relating to
blocking property of additional persons contributing to the
situation in Ukraine).
SEC. 202. IMPOSITION OF ADDITIONAL SANCTIONS ON PERSONS RESPONSIBLE FOR
VIOLENCE OR WHO UNDERMINE THE INDEPENDENCE, SOVEREIGNTY,
OR TERRITORIAL OR ECONOMIC INTEGRITY OF UKRAINE.
(a) Statement of Policy.--It shall be the policy of the United
States to impose sanctions with respect to those individuals within and
outside of the Government of the Russian Federation whom the President
determines wields significant influence over the formation and
implementation of Russian foreign policy, in particular with respect to
the violation of Ukraine's sovereignty, democracy, and territorial
integrity.
(b) Criteria for Imposition of Sanctions.--A foreign person or an
alien is subject to sanctions under subsection (c) in accordance with
the provisions of such subsection if the foreign person or alien, on or
after November 21, 2013--
(1) is knowingly responsible for or complicit in, or
engaged in, directly or indirectly--
(A) actions that significantly undermine democratic
processes or institutions in Ukraine;
(B) actions that significantly threaten the peace,
security, stability, sovereignty, or territorial
integrity of Ukraine;
(C) acts of significant corruption in Ukraine, or
the seizure or expropriation of significant economic
assets from Ukraine, including the expropriation of
private or state assets for personal gain, or the
facilitation or transfer of the proceeds of such
expropriation to foreign jurisdictions; or
(D) the commission of serious human rights abuses
against citizens of Ukraine or citizens of the Russian
Federation;
(2) is a current or former senior official of the
Government of the Russian Federation who has engaged in any
activity described in paragraph (1);
(3) operates in the arms or related materiel sector in the
Russian Federation that has engaged in any activity described
in paragraph (1);
(4) is a current or former leader of an entity that has, or
whose members have, knowingly engaged in any activity described
in paragraph (1), (2), or (3) or of an entity whose property
and interests in property are blocked pursuant to this section;
(5) has knowingly materially assisted, sponsored, or
provided financial, material, or technological support for, or
goods or services to or in support of, any activity described
in paragraph (1), (2), or (3) or of any person whose property
and interests in property are blocked pursuant to this section;
or
(6) is owned or controlled by, or has acted or purported to
act for or on behalf of, directly or indirectly, any person
whose property and interests in property are blocked pursuant
to this section.
(c) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--With respect to a foreign
person who the President, acting through the Secretary
of the Treasury and in consultation with the Secretary
of State (or their designees), determines meets the
requirements described in subsection (b), the
President, acting through the Secretary of the Treasury
and in consultation with the Secretary of State (or
their designees), shall to the extent necessary
investigate, block during the pendency of an
investigation, regulate, direct and compel, nullify,
void, prevent or prohibit, any acquisition, holding,
withholding, use, transfer, withdrawal, transportation,
or exportation of, or dealing in, or exercising any
right, power, or privilege with respect to, or
transactions involving, any property in which any
foreign country or a national thereof has any interest
by any person, or with respect to any property, subject
to the jurisdiction of the United States 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.
(B) Aliens ineligible for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
who the Secretary of State or the Secretary of
Homeland Security (or a designee of one of such
Secretaries) knows, or has reason to believe,
meets any of the criteria described in
subsection (b) is--
(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.).
(ii) Current visas revoked.--
(I) In general.--The issuing
consular officer, the Secretary of
State, or the Secretary of Homeland
Security (or a designee of one of such
Secretaries) shall revoke any visa or
other entry documentation issued to an
alien who meets any of the criteria
described in subsection (b), regardless
of when issued.
(II) Judicial review.--
Notwithstanding any other provision of
law, including section 2241 of title
28, United States Code, or any other
habeas corpus provision, and sections
1361 and 1651 of such title, no court
shall have jurisdiction to review a
revocation decision under this clause,
and no court shall have jurisdiction to
hear any claim arising from, or any
challenge to, such a revocation.
(III) Effect of revocation.--A
revocation under subclause (I)--
(aa) shall take effect
immediately; and
(bb) shall automatically
cancel any other valid visa or
entry documentation that is in
the alien's possession.
(2) Penalties.--A foreign person that violates, attempts to
violate, conspires to violate, or causes a violation of
paragraph (1)(A) or any regulation, license, or order issued to
carry out paragraph (1)(A) shall be subject to the penalties
set forth in subsections (b) and (c) of section 206 of the
International Emergency 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) Regulatory authority.--The President shall, not later
than 90 days after the date of the enactment of this Act,
promulgate regulations as necessary for the implementation of
this section.
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to
an alien if admitting 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.
(5) Rule of construction.--Nothing in this section shall be
construed to limit the authority of the President pursuant to
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.).
(d) Waiver.--The President may waive the application of sanctions
under subsection (c) with respect to a foreign person or alien if the
President--
(1) determines that such a waiver is vital to the national
interest of the United States; and
(2) not less than 15 days after the waiver takes effect,
submits to the appropriate congressional committees a notice of
the waiver and a justification for such waiver.
(e) Report.--
(1) Report required.--
(A) In general.--Not later than 30 days after the
date of the enactment of this Act, and every 180 days
thereafter for a period not to exceed 2 years, the
Secretary of State, in consultation with the Secretary
of the Treasury, shall submit to the appropriate
congressional committees a detailed report with respect
to whether senior foreign political figures of the
Russian Federation are responsible for engaging in
activities described in subsection (b).
(B) Form.--The report required by subparagraph (A)
shall be submitted in unclassified form but may contain
a classified annex.
(2) Requests by chairperson and ranking member of
appropriate congressional committees.--
(A) In general.--Not later than 120 days after
receiving a written request from the chairperson and
ranking member of one of the appropriate congressional
committees with respect to whether a senior foreign
political figure of the Russian Federation is
responsible for engaging in activities described in
subsection (b), the President shall submit a response
to the chairperson and ranking member of the committee
which made the request with respect to the status of
the person.
(B) Form.--The President may submit a response
required by subparagraph (A) in classified form if the
President determines that it is necessary for the
national security interests of the United States to do
so.
(3) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
(f) Definitions.--In this section:
(1) Admitted.--The term ``admitted'' has the meaning given
such term in section 101(a)(13)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(13)(A)).
(2) Alien.--The term ``alien'' has the meaning given such
term in section 101(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(3)).
(3) Financial institution.--The term ``financial
institution'' has the meaning given that term in section 5312
of title 31, United States Code.
(4) Foreign person.--The term ``foreign person'' means--
(A) an individual who is not a United States person
or an alien lawfully admitted for permanent residence
into the United States;
(B) a corporation, partnership, or other
nongovernmental entity which is not a United States
person; or
(C) any representative, agent or instrumentality
of, or an individual working on behalf of a foreign
government.
(5) Paroled.--The term ``paroled'' means paroled into the
United States under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)).
(6) Senior foreign political figure.--The term ``senior
foreign political figure'' means--
(A) a current or former--
(i) senior official in the executive,
legislative, administrative, military, or
judicial branches of a foreign government
(whether elected or not);
(ii) senior official of a major foreign
political party; or
(iii) senior executive of a foreign-
government-owned commercial enterprise;
(B) a corporation, business, or other entity that
has been formed by, or for the benefit of, any such
individual;
(C) an immediate family member (including spouses,
parents, siblings, children, and a spouse's parents and
siblings) of any such individual; or
(D) a person who is widely and publicly known to be
a close associate of such individual.
(7) United 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;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
(g) Termination.--This section and any sanction imposed by this
section shall remain in effect until the earlier of--
(1) the date that is 90 days after the date on which the
President submits to the appropriate congressional committees
the certification described in subsection (a) of section 206 in
accordance with subsection (b) of such section; or
(2) the date that is 30 days after any date subsequent to
January 1, 2020, on which the President submits to the
appropriate congressional committees in writing a determination
that the termination of this section and the sanctions imposed
by this section is in the vital national security interests of
the United States.
SEC. 203. REPORT ON CERTAIN FOREIGN FINANCIAL INSTITUTIONS.
(a) Findings.--Congress finds the following:
(1) On February 26, 2014, the Department of the Treasury's
Financial Crimes Enforcement Network advised United States
financial institutions of their responsibility to take
reasonable, risk-based steps regarding the potential suspicious
movement of assets related to Viktor Yanukovych departing Kyiv
and abdicating his responsibilities and other senior officials
resigning from their positions or departing Kyiv.
(2) United States financial institutions are required to
apply enhanced scrutiny to private banking accounts held by or
on behalf of senior foreign political figures and to monitor
transactions that could potentially represent misappropriated
or diverted state assets, the proceeds of bribery or other
illegal payments, or other public corruption proceeds.
(3) On March 3, 2014, the Government of Ukraine announced
that it had initiated criminal proceedings against a number of
former Ukrainian officials or close associates of former
Ukrainian officials.
(4) On March 5, 2014, the European Union, based on
information from Ukraine's Prosecutor General, issued a Council
Regulation requiring the European Union to freeze the funds and
economic resources of various former Ukrainian officials and
their close associates.
(5) The Government of Canada has taken similar action
against the same individuals.
(6) The measures being taken against these former Ukrainian
officials and their close associates increase the risk that
they will seek to move their assets in a deceptive fashion.
(7) Foreign financial institutions should apply similar,
enhanced due-diligence and reporting requirements.
(8) The United States has a strong interest in seeing the
international financial system protected from illicit financial
activity, including money laundering, terrorism and
proliferation financing, transnational organized crime, and the
misappropriation of state assets, and international sanctions
evasion, among others.
(9) The Department of the Treasury possesses a range of
authorities to insulate the United States financial system from
entities or jurisdictions that pose an illicit financing risk.
(b) Statement of Policy.--It shall be the policy of the United
States to use all of its regulatory and statutory authorities to
closely scrutinize all foreign financial institutions, including those
in the Russian Federation, that may be complicit in enabling foreign
persons and transnational criminal enterprises to evade or otherwise
circumvent United States and international sanctions, launder the
proceeds of criminal activity, finance acts of terrorism and the
proliferation of weapons of mass destruction, or any other illicit
activity that presents risks and vulnerabilities to the United States
financial system.
(c) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, and every 180 days thereafter for a
period not to exceed 2 years, the Secretary of State and the
Secretary of the Treasury shall jointly submit to the
appropriate congressional committees a report on--
(A) foreign financial institutions that are in
direct or indirect control of Government of Ukraine
state-owned or controlled assets without the knowledge
or approval of the Government of Ukraine;
(B) foreign financial institutions that may be
complicit in illicit financial activity, including
money laundering, terrorism and proliferation
financing, transnational organized crime,
misappropriation of state assets, or otherwise engaged
in any activity prohibited under United States law that
are--
(i) organized under the laws of the Russian
Federation; or
(ii) owned or controlled by a foreign
person described in section 202(b); and
(C) foreign financial institutions that are
directly or indirectly assisting or otherwise aiding
the violation of Ukrainian sovereignty, independence,
and territorial integrity, including, the Crimea.
(2) Form.--The report required to be submitted under this
subsection shall be submitted in an unclassified form, to the
extent appropriate, but may include a classified annex.
SEC. 204. AMENDMENT TO THE IRAN, NORTH KOREA, AND SYRIA
NONPROLIFERATION ACT.
(a) Findings.--Congress finds the following:
(1) Iran continues its longstanding effort to obtain banned
components for its nuclear and missile programs in violation of
its obligations under successive United Nations Security
Council Resolutions.
(2) Russian entities, including Rosoboronexport, have been
sanctioned with respect to proliferation activities,
particularly sanctions under the Iran, North Korea, and Syria
Nonproliferation Act (Public Law 106-178; 50 U.S.C. 1701 note).
(3) The Department of State must expeditiously restore the
deterrent effect of the Iran, North Korea, and Syria
Nonproliferation Act by fully applying and enforcing such Act.
(b) Amendment.--Section 2 of the Iran, North Korea, and Syria
Nonproliferation Act (Public Law 106-178; 50 U.S.C. 1701 note) is
amended by adding at the end the following:
``(f) Plan To Expedite Reports and Sanctions Under This Act.--Not
later than 30 days after the date of the enactment of the Ukraine
Support Act, the President shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations in the Senate, a plan, to include specific timetables, to
expedite the implementation of this Act with respect to submission of
reports required under subsection (a) and the application of measures
to certain foreign persons under section 3.''.
SEC. 205. SENSE OF CONGRESS ON HUMAN RIGHTS IN THE RUSSIAN FEDERATION.
It is the sense of Congress that the President should greatly
expand the list of 18 Russian officials and others published on April
12, 2013, who were engaged in actions described in section 404 of the
Sergei Magnitsky Rule of Law Accountability Act of 2012 (title IV of
Public Law 112-208; 22 U.S.C. 5811) regarding the death of Sergei
Magnitsky, illegal activity by officials of the Government of the
Russian Federation, or violations of human rights and other offenses in
Russia.
SEC. 206. CERTIFICATION DESCRIBED AND SUBMISSION TO CONGRESS.
(a) In General.--A certification described in this section is a
certification of the President to Congress that Ukrainian sovereignty,
independence, and territorial integrity is not being violated by the
Russian Federation or any other state actor.
(b) Submission to Congress.--
(1) In general.--The President shall submit the
certification described in subsection (a) to the appropriate
congressional committees in writing and shall include a
justification for the certification.
(2) Form of certification.--The certification described in
subsection (a) shall be submitted in unclassified form but may
contain a classified annex.
SEC. 207. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
Except as otherwise provided, in this title the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Committee on the Judiciary of the House of Representatives; and
(2) Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on the
Judiciary of the Senate.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Immigration and Border Security.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Subcommittee on Immigration and Border Security Discharged.
Mr. Royce moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H2718-2730)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4278.
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At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H2730-2731)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 399 - 19 (Roll no. 148).(text: CR H2718-2723)
Roll Call #148 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 399 - 19 (Roll no. 148). (text: CR H2718-2723)
Roll Call #148 (House)Received in the Senate.
Read twice and referred to the Committee on Foreign Relations.