(This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)
Ukraine Freedom Support Act of 2014 - (Sec. 3) States that it is U.S. policy to assist the government of Ukraine in restoring its sovereignty and territorial integrity in order to deter the government of the Russian Federation from further destabilizing and invading Ukraine and other independent countries in Eastern Europe and Central Asia.
(Sec. 4) Directs the President to impose three or more specified sanctions against:
Defines "specified country" as Ukraine, Georgia, Moldova, or any other country of significant concern for purposes of this Act, such as Poland, Lithuania, Latvia, Estonia, and the Central Asia republics.
Authorizes the President to impose three or more specified sanctions against a person that knowingly makes a significant investment in a special Russian crude oil project.
Authorizes the President, through the Bureau of Industry and Security of the Department of Commerce or the Office of Foreign Assets Control of the Department of the Treasury, to impose additional licensing requirements or other restrictions on the export of items for Russia's energy sector, including equipment used for tertiary oil recovery.
Directs the President to impose specified sanctions on Gazprom if it is withholding significant natural gas supplies from North Atlantic Treaty Organization (NATO) member countries, or further withholds significant natural gas supplies from countries such as Ukraine, Georgia, or Moldova.
Sets forth sanctions against a foreign person, including executive officers of an entity, relating to:
Excludes import sanctions from the authority to block and prohibit U.S. property transactions.
Sets forth the conditions under which the President shall not be required to apply or maintain the sanctions with respect to:
Authorizes the President to waive the application of sanctions, or waive sanctions for a specific transaction, for purposes of U.S. national security, and with congressional notification.
Applies specified penalties under the International Emergency Economic Powers Act to violations of this section.
Terminates sanctions under this section upon the President's certification to Congress that the Russian Federation has ceased directing, supporting, or financing significant acts intended to undermine the peace, sovereignty, or territorial integrity of Ukraine, including through an agreement between the appropriate parties.
States that such termination date shall not apply to defense article transfers into Syria or related sanctions.
(Sec. 5) Authorizes the President to impose a prohibition on the opening, and a prohibition or the imposition of strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that knowingly:
Authorizes the President to waive the application of sanctions against a foreign financial institution for purposes of U.S. national security, and with congressional notification.
Applies specified penalties under the International Emergency Economic Powers Act to violations of this section.
Terminates sanctions under this section upon the President's certification to Congress that the Russian Federation has ceased directing, supporting, or financing significant acts intended to undermine the peace, sovereignty, or territorial integrity of Ukraine, including through an agreement between the appropriate parties.
(Sec. 6) Authorizes:
(Sec. 7) Directs the Secretary of State (Secretary) to submit a plan to Congress to meet the need for protection of and assistance for internally displaced persons in Ukraine.
Directs the President to use U.S. influence at United Nations (U.N.) voluntary agencies to support assistance for internally displaced persons in Ukraine.
Urges the Secretary and the Secretary of Defense (DOD) to assist Ukrainian defense sector entities reorient exports from Russian Federation customers to alternative markets in the Ukrainian defense sector that have already significantly reduced exports to and cooperation with Russian defense sector entities.
Directs the Secretary and the Secretary of Energy (DOE) to work with Ukrainian officials to develop an emergency energy assistance plan to help Ukraine address the potentially severe heating fuel and electricity shortages facing Ukraine in 2014 and 2015.
Directs the Secretary to work with Ukrainian officials to increase energy security by helping Ukraine reduce its dependence on natural gas imported from the Russian Federation. Authorizes FY2016-FY2018 appropriations for such activities.
Directs:
Directs the Secretary and the Administrator of the United States Agency for International Development (USAID) to: (1) strengthen democratic civil society in Ukraine, (2) support independent media outlets, and (3) counter government corruption and improve accountability. Authorizes FY2016 appropriations for such activities.
(Sec. 8) Directs the Chairman of the Broadcasting Board of Governors to submit to Congress a plan for increasing and maintaining through FY2017 the quantity of Russian-language broadcasting into the countries of the former Soviet Union in order to counter Russian Federation propaganda.
Requires such plan to prioritize broadcasting into Ukraine, Georgia, and Moldova by the Voice of America (VOA) and Radio Free Europe/Radio Liberty.
Authorizes FY2016-FY2018 appropriations for the Broadcasting Board of Governors for such activities.
(Sec. 9) Directs the Secretary to: (1) improve and strengthen democratic institutions and political and civil society organizations in the Russian Federation, and (2) expand uncensored Internet and independent media access.
Authorizes FY2016-FY2018 appropriations for such activities.
(Sec. 10) Expresses the sense of Congress that the President should: (1) hold the Russian Federation accountable for being in violation of its obligations under the The Intermediate-Range Nuclear Forces (INF) Treaty; and (2) demand that the Russian Federation verifiably eliminate the military systems that constitute such violation.
(Sec. 11) States that nothing in this Act shall be construed as an authorization for the use of military force.
[113th Congress Public Law 272]
[From the U.S. Government Publishing Office]
[[Page 2951]]
UKRAINE FREEDOM SUPPORT ACT OF 2014
[[Page 128 STAT. 2952]]
Public Law 113-272
113th Congress
An Act
To impose sanctions with respect to the Russian Federation, to provide
additional assistance to Ukraine, and for other purposes. <<NOTE: Dec.
18, 2014 - [H.R. 5859]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Ukraine Freedom
Support Act of 2014.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 22 USC 8921 note.>> Short Title.--This Act may be cited
as the ``Ukraine Freedom Support Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy regarding Ukraine.
Sec. 4. Sanctions relating to the defense and energy sectors of the
Russian Federation.
Sec. 5. Sanctions on Russian and other foreign financial institutions.
Sec. 6. Increased military assistance for the Government of Ukraine.
Sec. 7. Expanded nonmilitary assistance for Ukraine.
Sec. 8. Expanded broadcasting in countries of the former Soviet Union.
Sec. 9. Support for Russian democracy and civil society organizations.
Sec. 10. Report on non-compliance by the Russian Federation of its
obligations under the INF Treaty.
Sec. 11. Rule of construction.
SEC. 2. <<NOTE: 22 USC 8921.>> DEFINITIONS.
In this Act:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'', and
``payable-through account'' have the meanings given those terms
in section 5318A of title 31, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(3) Defense article; defense service; training.--The terms
``defense article'', ``defense service'', and ``training'' have
the meanings given those terms in section 47 of the Arms Export
Control Act (22 U.S.C. 2794).
(4) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(M), or (Y) of section 5312(a)(2) of title 31, United States
Code.
[[Page 128 STAT. 2953]]
(5) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
section 561.308 of title 31, Code of Federal Regulations (or any
corresponding similar regulation or ruling).
(6) Foreign person.--The term ``foreign person'' means any
individual or entity that is not a United States citizen, a
permanent resident alien, or an entity organized under the laws
of the United States or any jurisdiction within the United
States.
(7) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) Russian person.--The term ``Russian person'' means--
(A) an individual who is a citizen or national of
the Russian Federation; or
(B) an entity organized under the laws of the
Russian Federation.
(9) Special russian crude oil project.--The term ``special
Russian crude oil project'' means a project intended to extract
crude oil from--
(A) the exclusive economic zone of the Russian
Federation in waters more than 500 feet deep;
(B) Russian Arctic offshore locations; or
(C) shale formations located in the Russian
Federation.
SEC. 3. <<NOTE: 22 USC 8922.>> STATEMENT OF POLICY REGARDING
UKRAINE.
It is the policy of the United States to further assist the
Government of Ukraine in restoring its sovereignty and territorial
integrity to deter the Government of the Russian Federation from further
destabilizing and invading Ukraine and other independent countries in
Central and Eastern Europe, the Caucasus, and Central Asia. That policy
shall be carried into effect, among other things, through a
comprehensive effort, in coordination with allies and partners of the
United States where appropriate, that includes economic sanctions,
diplomacy, assistance for the people of Ukraine, and the provision of
military capabilities to the Government of Ukraine that will enhance the
ability of that Government to defend itself and to restore its
sovereignty and territorial integrity in the face of unlawful actions by
the Government of the Russian Federation.
SEC. 4. <<NOTE: President. 22 USC 8923.>> SANCTIONS RELATING TO
THE DEFENSE AND ENERGY SECTORS OF THE RUSSIAN
FEDERATION.
(a) <<NOTE: Deadlines.>> Sanctions Relating to the Defense
Sector.--
(1) Rosoboronexport.--Except as provided in subsection (d),
not later than 30 days after the date of the enactment of this
Act, the President shall impose 3 or more of the sanctions
described in subsection (c) with respect to Rosoboronexport.
(2) Russian producers, transferors, or brokers of defense
articles. <<NOTE: Determination.>> --Except as provided in
subsection (d), on and after the date that is 45 days after the
date of the enactment of this Act, the President shall impose 3
or more of the sanctions described in subsection (c) with
respect to a foreign person the President determines--
(A) is an entity--
[[Page 128 STAT. 2954]]
(i) owned or controlled by the Government of
the Russian Federation or owned or controlled by
nationals of the Russian Federation; and
(ii) that--
(I) knowingly manufactures or sells
defense articles transferred into Syria
or into the territory of a specified
country without the consent of the
internationally recognized government of
that country;
(II) transfers defense articles into
Syria or into the territory of a
specified country without the consent of
the internationally recognized
government of that country; or
(III) brokers or otherwise assists
in the transfer of defense articles into
Syria or into the territory of a
specified country without the consent of
the internationally recognized
government of that country; or
(B) knowingly, on or after the date of the enactment
of this Act, assists, sponsors, or provides financial,
material, or technological support for, or goods or
services to or in support of, an entity described in
subparagraph (A) with respect to an activity described
in clause (ii) of that subparagraph.
(3) Specified country defined.--
(A) In general.--In this subsection, the term
``specified country'' means--
(i) Ukraine, Georgia, and Moldova; and
(ii) any other country designated by the
President as a country of significant concern for
purposes of this subsection, such as Poland,
Lithuania, Latvia, Estonia, and the Central Asia
republics.
(B) <<NOTE: Deadline.>> Notice to congress.--The
President shall notify the appropriate congressional
committees in writing not later than 15 days before--
(i) designating a country as a country of
significant concern under subparagraph (A)(ii); or
(ii) terminating a designation under that
subparagraph, including the termination of any
such designation pursuant to subsection (h).
(b) <<NOTE: Deadlines.>> Sanctions Related to the Energy Sector.--
(1) Development of special russian crude oil projects.--
Except as provided in subsection (d), on and after the date that
is 45 days after the date of the enactment of this Act, the
President may impose 3 or more of the sanctions described in
subsection (c) with respect to a foreign person if the President
determines that the foreign person knowingly makes a significant
investment in a special Russian crude oil project.
(2) Authorization for extension of licensing limitations on
certain equipment.--The President, through the Bureau of
Industry and Security of the Department of Commerce or the
Office of Foreign Assets Control of the Department of the
Treasury, as appropriate, may impose additional licensing
requirements for or other restrictions on the export or reexport
of items for use in the energy sector of the Russian Federation,
including equipment used for tertiary oil recovery.
[[Page 128 STAT. 2955]]
(3) <<NOTE: Determination.>> Contingent sanction relating
to gazprom.--If the President determines that Gazprom is
withholding significant natural gas supplies from member
countries of the North Atlantic Treaty Organization, or further
withholds significant natural gas supplies from countries such
as Ukraine, Georgia, or Moldova, the President shall, not later
than 45 days after making that determination, impose the
sanction described in subsection (c)(7) and at least one
additional sanction described in subsection (c) with respect to
Gazprom.
(c) Sanctions Described.--The sanctions the President may impose
with respect to a foreign person under subsection (a) or (b) are the
following:
(1) Export-import bank assistance.--The President may direct
the Export-Import Bank of the United States not to approve the
issuance of any guarantee, insurance, extension of credit, or
participation in the extension of credit in connection with the
export of any goods or services to the foreign person.
(2) Procurement sanction.--The President may prohibit the
head of any executive agency (as defined in section 133 of title
41, United States Code) from entering into any contract for the
procurement of any goods or services from the foreign person.
(3) Arms export prohibition.--The President may prohibit the
exportation or provision by sale, lease or loan, grant, or other
means, directly or indirectly, of any defense article or defense
service to the foreign person and the issuance of any license or
other approval to the foreign person under section 38 of the
Arms Export Control Act (22 U.S.C. 2778).
(4) Dual-use export prohibition.--The President may prohibit
the issuance of any license and suspend any license for the
transfer to the foreign person of any item the export of which
is controlled under the Export Administration Act of 1979 (50
U.S.C. App. 2401 et seq.) (as in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.)) or the Export Administration Regulations under subchapter
C of chapter VII of title 15, Code of Federal Regulations.
(5) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using,
transferring, withdrawing, transporting, or exporting
any property that is subject to the jurisdiction of the
United States and with respect to which the foreign
person has any interest;
(B) dealing in or exercising any right, power, or
privilege with respect to such property; or
(C) conducting any transaction involving such
property.
(6) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial institutions
or by, through, or to any financial institution, to the extent
that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the foreign
person.
(7) Prohibition on investment in equity or debt of
sanctioned person.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any United
[[Page 128 STAT. 2956]]
States person from transacting in, providing financing for, or
otherwise dealing in--
(A) debt--
(i) <<NOTE: Time periods.>> of longer than 30
days' maturity of a foreign person with respect to
which sanctions are imposed under subsection (a)
or of longer than 90 days' maturity of a foreign
person with respect to which sanctions are imposed
under subsection (b); and
(ii) issued on or after the date on which such
sanctions are imposed with respect to the foreign
person; or
(B) equity of the foreign person issued on or after
that date.
(8) Exclusion from the united states and revocation of visa
or other documentation.--In the case of a foreign person who is
an individual, the President may direct the Secretary of State
to deny a visa to, and the Secretary of Homeland Security to
exclude from the United States, the foreign person, subject to
regulatory exceptions 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.
(9) Sanctions on principal executive officers.--In the case
of a foreign person that is an entity, the President may impose
on the principal executive officer or officers of the foreign
person, or on individuals performing similar functions and with
similar authorities as such officer or officers, any of the
sanctions described in this subsection applicable to
individuals.
(d) Exceptions.--
(1) Importation of goods.--
(A) In general.--The authority to block and prohibit
all transactions in all property and interests in
property under subsection (c)(5) shall not include the
authority to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term
``good'' has the meaning given that term in section 16
of the Export Administration Act of 1979 (50 U.S.C. App.
2415) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.)).
(2) Additional exceptions.--The President shall not be
required to apply or maintain the sanctions under subsection (a)
or (b)--
(A) in the case of procurement of defense articles
or defense services under existing contracts,
subcontracts, or other business agreements, including
ancillary or incidental contracts for goods, or for
services or funding (including necessary financial
services) associated with such goods, as necessary to
give effect to such contracts, subcontracts, or other
business agreements, and the exercise of options for
production quantities to satisfy requirements essential
to the national security of the United States--
(i) <<NOTE: Determination.>> if the President
determines in writing that--
(I) the foreign person to which the
sanctions would otherwise be applied is
a sole source supplier of the defense
articles or services;
[[Page 128 STAT. 2957]]
(II) the defense articles or
services are essential;
(III) alternative sources are not
readily or reasonably available; and
(IV) the national interests of the
United States would be adversely
affected by the application or
maintenance of such sanctions; or
(ii) if the President determines in writing
that--
(I) such articles or services are
essential to the national security under
defense coproduction agreements; and
(II) the national interests of the
United States would be adversely
affected by the application or
maintenance of such sanctions;
(B) in the case of procurement, to eligible
products, as defined in section 308(4) of the Trade
Agreements Act of 1979 (19 U.S.C. 2518(4)), of any
foreign country or instrumentality designated under
section 301(b)(1) of that Act (19 U.S.C. 2511(b)(1));
(C) to products, technology, or services provided
under contracts, subcontracts, or other business
agreements (including ancillary or incidental contracts
for goods, or for services or funding (including
necessary financial services) associated with such
goods, as necessary to give effect to such contracts,
subcontracts, or other business agreements) entered into
before the date on which the President publishes in the
Federal Register the name of the foreign person with
respect to which the sanctions are to be imposed;
(D) to--
(i) spare parts that are essential to United
States products or production;
(ii) component parts, but not finished
products, essential to United States products or
production; or
(iii) routine servicing and maintenance of
United States products, to the extent that
alternative sources are not readily or reasonably
available;
(E) to information and technology essential to
United States products or production; or
(F) to food, medicine, medical devices, or
agricultural commodities (as those terms are defined in
section 101 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8511)).
(e) National Security Waiver.--
(1) In general.--The President may waive the application of
sanctions under subsection (a) or (b) with respect to a foreign
person if the President--
(A) <<NOTE: Determination.>> determines that the
waiver is in the national security interest of the
United States; and
(B) <<NOTE: Reports.>> submits to the appropriate
congressional committees a report on the determination
and the reasons for the determination.
(2) Form of report.--The report required by paragraph (1)(B)
shall be submitted in unclassified form, but may include a
classified annex.
(f) Transaction-specific National Security Waiver.--
[[Page 128 STAT. 2958]]
(1) In general.--The President may waive the application of
sanctions under subsection (a) or (b) with respect to a specific
transaction if the President--
(A) <<NOTE: Determination.>> determines that the
transaction is in the national security interest of the
United States; and
(B) <<NOTE: Reports.>> submits to the appropriate
congressional committees a detailed report on the
determination and the specific reasons for the
determination that a waiver with respect to the
transaction is necessary and appropriate.
(2) Form of report.--The report required by paragraph (1)(B)
shall be submitted in unclassified form, but may include a
classified annex.
(g) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out the purposes of this section.
(2) <<NOTE: Applicability.>> Penalties.--The penalties
provided for in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
shall apply to a person that violates, attempts to violate, or
conspires to violate, or causes a violation of, subsection (a)
or (b) of this section, or an order or regulation prescribed
under either such subsection, to the same extent that such
penalties apply to a person that commits an unlawful act
described in section 206(a) of the International Emergency
Economic Powers Act.
(h) Termination.--
(1) <<NOTE: Certification.>> In general.--Except as
provided in paragraph (2), this section, and sanctions imposed
under this section, shall terminate on the date on which the
President submits to the appropriate congressional committees a
certification that the Government of the Russian Federation has
ceased ordering, controlling, or otherwise directing,
supporting, or financing, significant acts intended to undermine
the peace, security, stability, sovereignty, or territorial
integrity of Ukraine, including through an agreement between the
appropriate parties.
(2) Applicability with respect to syria.--The termination
date under paragraph (1) shall not apply with respect to the
provisions of subsection (a) relating to the transfer of defense
articles into Syria or sanctions imposed pursuant to such
provisions.
SEC. 5. <<NOTE: President. 22 USC 8924.>> SANCTIONS ON RUSSIAN
AND OTHER FOREIGN FINANCIAL INSTITUTIONS.
(a) Facilitation of Certain Defense- and Energy-Related
Transactions.--The President may impose the sanction described in
subsection (c) with respect to a foreign financial institution that the
President determines knowingly engages, on or after the date of the
enactment of this Act, in significant transactions involving activities
described in subparagraph (A)(ii) or (B) of section 4(a)(2) or paragraph
(1) or (3) of section 4(b) for persons with respect to which sanctions
are imposed under section 4.
(b) Facilitation of Financial Transactions on Behalf of Specially
Designated Nationals. <<NOTE: Determination. Deadline.>> --The President
may impose the sanction described in subsection (c) with respect to a
foreign financial institution if the President determines that the
foreign financial institution has, on or after the date that is 180 days
[[Page 128 STAT. 2959]]
after the date of the enactment of this Act, knowingly facilitated a
significant financial transaction on behalf of any Russian person
included on the list of specially designated nationals and blocked
persons maintained by the Office of Foreign Assets Control of the
Department of the Treasury, pursuant to--
(1) this Act;
(2) Executive Order No. 13660 (79 Fed. Reg. 13,493), 13661
(79 Fed. Reg. 15,535), or 13662 (79 Fed. Reg. 16,169); or
(3) any other Executive order addressing the crisis in
Ukraine.
(c) Sanction Described.--The sanction described in this subsection
is, with respect to a foreign financial institution, a prohibition on
the opening, and a prohibition or the imposition of strict conditions on
the maintaining, in the United States of a correspondent account or a
payable-through account by the foreign financial institution.
(d) National Security Waiver.--The President may waive the
application of sanctions under this section with respect to a foreign
financial institution if the President--
(1) <<NOTE: Determination.>> determines that the waiver is
in the national security interest of the United States; and
(2) submits to the appropriate congressional committees a
report on the determination and the reasons for the
determination.
(e) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out the purposes of this section.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, or conspires to violate, or
causes a violation of, subsection (a) or (b) of this section, or
an order or regulation prescribed under either such subsection,
to the same extent that such penalties apply to a person that
commits an unlawful act described in section 206(a) of the
International Emergency Economic Powers Act.
(f) <<NOTE: Certification.>> Termination.--This section, and
sanctions imposed under this section, shall terminate on the date on
which the President submits to the appropriate congressional committees
the certification described in section 4(h).
SEC. 6. <<NOTE: 22 USC 8925.>> INCREASED MILITARY ASSISTANCE FOR
THE GOVERNMENT OF UKRAINE.
(a) <<NOTE: President.>> In General.--The President is authorized
to provide defense articles, defense services, and training to the
Government of Ukraine for the purpose of countering offensive weapons
and reestablishing the sovereignty and territorial integrity of Ukraine,
including anti-tank and anti-armor weapons, crew weapons and ammunition,
counter-artillery radars to identify and target artillery batteries,
fire control, range finder, and optical and guidance and control
equipment, tactical troop-operated surveillance drones, and secure
command and communications equipment, pursuant to the provisions of the
Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), and other relevant provisions of
law.
[[Page 128 STAT. 2960]]
(b) <<NOTE: President.>> Report Required.--Not later than 60 days
after the date of the enactment of this Act, the President shall submit
a report detailing the anticipated defense articles, defense services,
and training to be provided pursuant to this section and a timeline for
the provision of such defense articles, defense services, and training,
to--
(1) the Committee on Foreign Relations, the Committee on
Appropriations, and the Committee on Armed Services of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Appropriations, and the Committee on Armed Services of the House
of Representatives.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of State $100,000,000 for fiscal year 2015,
$125,000,000 for fiscal year 2016, and $125,000,000 for fiscal
year 2017 to carry out activities under this section.
(2) Availability of amounts.--Amounts authorized to be
appropriated pursuant to paragraph (1) shall remain available
for obligation and expenditure through the end of fiscal year
2018.
(d) Authority for the Use of Funds.--The funds made available
pursuant to subsection (c) for provision of defense articles, defense
services, and training may be used to procure such articles, services,
and training from the United States Government or other appropriate
sources.
(e) Protection of Civilians.--It is the sense of Congress that the
Government of Ukraine should take all appropriate steps to protect
civilians.
SEC. 7. <<NOTE: 22 USC 8926.>> EXPANDED NONMILITARY ASSISTANCE
FOR UKRAINE.
(a) Assistance to Internally Displaced People in Ukraine.--
(1) <<NOTE: Deadline. Plans.>> In general.--Not later than
30 days after the date of the enactment of this Act, the
Secretary of State shall submit a plan, including actions by the
United States Government, other governments, and international
organizations, to meet the need for protection of and assistance
for internally displaced persons in Ukraine, to--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on Energy
and Natural Resources of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Committee on Energy and
Commerce of the House of Representatives.
(2) Elements.--The plan required by paragraph (1) should
include, as appropriate, activities in support of--
(A) helping to establish a functional and adequately
resourced central registration system in Ukraine that
can ensure coordination of efforts to provide assistance
to internally displaced persons in different regions;
(B) encouraging adoption of legislation in Ukraine
that protects internally displaced persons from
discrimination based on their status and provides
simplified procedures for obtaining the new residency
registration or other official documentation that is a
prerequisite to receiving appropriate social payments
under the laws of Ukraine, such
[[Page 128 STAT. 2961]]
as pensions and disability, child, and unemployment
benefits; and
(C) helping to ensure that information is available
to internally displaced persons about--
(i) government agencies and independent groups
that can provide assistance to such persons in
various regions; and
(ii) evacuation assistance available to
persons seeking to flee armed conflict areas.
(3) <<NOTE: President.>> Assistance through international
organizations.--The President shall instruct the United States
permanent representative or executive director, as the case may
be, to the relevant United Nations voluntary agencies, including
the United Nations High Commissioner for Refugees and the United
Nations Office for the Coordination of Humanitarian Affairs, and
other appropriate international organizations, to use the voice
and vote of the United States to support appropriate assistance
for internally displaced persons in Ukraine.
(b) Assistance to the Defense Sector of Ukraine.--The Secretary of
State and the Secretary of Defense should assist entities in the defense
sector of Ukraine to reorient exports away from customers in the Russian
Federation and to find appropriate alternative markets for those
entities in the defense sector of Ukraine that have already
significantly reduced exports to and cooperation with entities in the
defense sector of the Russian Federation.
(c) Assistance To Address the Energy Crisis in Ukraine.--
(1) Emergency energy assistance.--
(A) Plan required.--The Secretary of State and the
Secretary of Energy, in collaboration with the
Administrator of the United States Agency for
International Development and the Administrator of the
Federal Emergency Management Agency, shall work with
officials of the Government of Ukraine to develop a
short-term emergency energy assistance plan designed to
help Ukraine address the potentially severe short-term
heating fuel and electricity shortages facing Ukraine in
2014 and 2015.
(B) Elements.--The plan required by subparagraph (A)
should include strategies to address heating fuel and
electricity shortages in Ukraine, including, as
appropriate--
(i) the acquisition of short-term, emergency
fuel supplies;
(ii) the repair or replacement of
infrastructure that could impede the transmission
of electricity or transportation of fuel;
(iii) the prioritization of the transportation
of fuel supplies to the areas where such supplies
are needed most;
(iv) streamlining emergency communications
throughout national, regional, and local
governments to manage the potential energy crisis
resulting from heating fuel and electricity
shortages;
(v) forming a crisis management team within
the Government of Ukraine to specifically address
the potential crisis, including ensuring
coordination of the team's efforts with the
efforts of outside governmental
[[Page 128 STAT. 2962]]
and nongovernmental entities providing assistance
to address the potential crisis; and
(vi) developing a public outreach strategy to
facilitate preparation by the population and
communication with the population in the event of
a crisis.
(C) Assistance.--The Secretary of State, the
Secretary of Energy, and the Administrator of the United
States Agency for International Development are
authorized to provide assistance in support of, and to
invest in short-term solutions for, enabling Ukraine to
secure the energy safety of the people of Ukraine during
2014 and 2015, including through--
(i) procurement and transport of emergency
fuel supplies, including reverse pipeline flows
from Europe;
(ii) provision of technical assistance for
crisis planning, crisis response, and public
outreach;
(iii) repair of infrastructure to enable the
transport of fuel supplies;
(iv) repair of power generating or power
transmission equipment or facilities;
(v) procurement and installation of
compressors or other appropriate equipment to
enhance short-term natural gas production;
(vi) procurement of mobile electricity
generation units;
(vii) conversion of natural gas heating
facilities to run on other fuels, including
alternative energy sources; and
(viii) provision of emergency weatherization
and winterization materials and supplies.
(2) Reduction of ukraine's reliance on energy imports.--
(A) Plans required.--The Secretary of State, in
collaboration with the Secretary of Energy and the
Administrator of the United States Agency for
International Development, shall work with officials of
the Government of Ukraine to develop medium- and long-
term plans to increase energy production and efficiency
to increase energy security by helping Ukraine reduce
its dependence on natural gas imported from the Russian
Federation.
(B) Elements.--The medium- and long-term plans
required by subparagraph (A) should include strategies,
as appropriate, to--
(i) improve corporate governance and
unbundling of state-owned oil and gas sector
firms;
(ii) increase production from natural gas
fields and from other sources, including renewable
energy;
(iii) license new oil and gas blocks
transparently and competitively;
(iv) modernize oil and gas upstream
infrastructure; and
(v) improve energy efficiency.
(C) Prioritization. <<NOTE: Time period.>> --The
Secretary of State, the Administrator of the United
States Agency for International Development, and the
Secretary of Energy should, during fiscal years 2015
through 2018, work with other
[[Page 128 STAT. 2963]]
donors, including multilateral agencies and
nongovernmental organizations, to prioritize, to the
extent practicable and as appropriate, the provision of
assistance from such donors to help Ukraine to improve
energy efficiency, increase energy supplies produced in
Ukraine, and reduce reliance on energy imports from the
Russian Federation, including natural gas.
(D) Authorization of appropriations.--There are
authorized to be appropriated $50,000,000 in the
aggregate for fiscal years 2016 through 2018 to carry
out activities under this paragraph.
(3) Support from the overseas private investment
corporation.--The Overseas Private Investment Corporation
shall--
(A) prioritize, to the extent practicable, support
for investments to help increase energy efficiency,
develop domestic oil and natural gas reserves, improve
and repair electricity infrastructure, and develop
renewable and other sources of energy in Ukraine; and
(B) <<NOTE: Procedures.>> implement procedures for
expedited review and, as appropriate, approval, of
applications by eligible investors (as defined in
section 238 of the Foreign Assistance Act of 1961 (22
U.S.C. 2198)) for loans, loan guarantees, and insurance
for such investments.
(4) Support by the world bank group and the european bank
for reconstruction and development. <<NOTE: President.>> --The
President shall, to the extent practicable and as appropriate,
direct the United States Executive Directors of the World Bank
Group and the European Bank for Reconstruction and Development
to use the voice, vote, and influence of the United States to
encourage the World Bank Group and the European Bank for
Reconstruction and Development and other international financial
institutions--
(A) to invest in, and increase their efforts to
promote investment in, projects to improve energy
efficiency, improve and repair electricity
infrastructure, develop domestic oil and natural gas
reserves, and develop renewable and other sources of
energy in Ukraine; and
(B) to stimulate private investment in such
projects.
(d) Assistance to Civil Society in Ukraine.--
(1) In general.--The Secretary of State and the
Administrator of the United States Agency for International
Development shall, directly or through nongovernmental or
international organizations, such as the Organization for
Security and Co-operation in Europe, the National Endowment for
Democracy, and related organizations--
(A) strengthen the organizational and operational
capacity of democratic civil society in Ukraine;
(B) support the efforts of independent media outlets
to broadcast, distribute, and share information in all
regions of Ukraine;
(C) counter corruption and improve transparency and
accountability of institutions that are part of the
Government of Ukraine; and
(D) provide support for democratic organizing and
election monitoring in Ukraine.
[[Page 128 STAT. 2964]]
(2) <<NOTE: Deadline. President.>> Strategy required.--Not
later than 60 days after the date of the enactment of this Act,
the President shall submit a strategy to carry out the
activities described in paragraph (1) to--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of State $20,000,000 for
fiscal year 2016 to carry out this subsection.
(4) Transparency requirements.--Any assistance provided
pursuant to this subsection shall be conducted in as transparent
of a manner as possible, consistent with the nature and goals of
this subsection. <<NOTE: President. Briefing.>> The President
shall provide a briefing on the activities funded by this
subsection at the request of the committees specified in
paragraph (2).
SEC. 8. <<NOTE: 22 USC 8927.>> EXPANDED BROADCASTING IN COUNTRIES
OF THE FORMER SOVIET UNION.
(a) <<NOTE: Deadline. Plan. Cost estimate. Time period.>> In
General.--Not later than 90 days after the date of the enactment of this
Act, the Chairman of the Broadcasting Board of Governors shall submit to
Congress a plan, including a cost estimate, for immediately and
substantially increasing, and maintaining through fiscal year 2017, the
quantity of Russian-language broadcasting into the countries of the
former Soviet Union funded by the United States in order to counter
Russian Federation propaganda.
(b) Prioritization of Broadcasting Into Ukraine, Georgia, and
Moldova.--The plan required by subsection (a) shall prioritize
broadcasting into Ukraine, Georgia, and Moldova by the Voice of America
and Radio Free Europe/Radio Liberty.
(c) Additional Priorities.--In developing the plan required by
subsection (a), the Chairman shall consider--
(1) near-term increases in Russian-language broadcasting for
countries of the former Soviet Union (other than the countries
specified in subsection (b)), including Latvia, Lithuania, and
Estonia; and
(2) increases in broadcasting in other critical languages,
including Ukrainian and Romanian languages.
(d) Broadcasting Defined.--In this section, the term
``broadcasting'' means the distribution of media content via radio
broadcasting, television broadcasting, and Internet-based platforms,
among other platforms.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Broadcasting Board of Governors $10,000,000 for each of
fiscal years 2016 through 2018 to carry out activities under
this section.
(2) Supplement not supplant.--Amounts authorized to be
appropriated pursuant to paragraph (1) shall supplement and not
supplant other amounts made available for activities described
in this section.
SEC. 9. <<NOTE: 22 USC 8928.>> SUPPORT FOR RUSSIAN DEMOCRACY AND
CIVIL SOCIETY ORGANIZATIONS.
(a) In General.--The Secretary of State shall, directly or through
nongovernmental or international organizations, such as
[[Page 128 STAT. 2965]]
the Organization for Security and Co-operation in Europe, the National
Endowment for Democracy, and related organizations--
(1) improve democratic governance, transparency,
accountability, rule of law, and anti-corruption efforts in the
Russian Federation;
(2) strengthen democratic institutions and political and
civil society organizations in the Russian Federation;
(3) expand uncensored Internet access in the Russian
Federation; and
(4) expand free and unfettered access to independent media
of all kinds in the Russian Federation, including through
increasing United States Government-supported broadcasting
activities, and assist with the protection of journalists and
civil society activists who have been targeted for free speech
activities.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of State $20,000,000 for each of fiscal
years 2016 through 2018 to carry out the activities set forth in
subsection (a).
(c) <<NOTE: Deadline. President.>> Strategy Requirement.--Not later
than 60 days after the date of the enactment of this Act, the President
shall submit a strategy to carry out the activities set forth in
subsection (a) to--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(d) Transparency Requirements.--Any assistance provided pursuant to
this section shall be conducted in as transparent of a manner as
possible, consistent with the nature and goals of this
section. <<NOTE: President. Briefing.>> The President shall provide a
briefing on the activities funded by this section at the request of the
committees specified in subsection (c).
SEC. 10. <<NOTE: 22 USC 8929.>> REPORT ON NON-COMPLIANCE BY THE
RUSSIAN FEDERATION OF ITS OBLIGATIONS UNDER
THE INF TREATY.
(a) Findings.--Congress makes the following findings:
(1) The Russian Federation is in violation of its
obligations under the Treaty between the United States of
America and the Union of Soviet Socialist Republics on the
Elimination of Their Intermediate-Range and Shorter-Range
Missiles, signed at Washington December 8, 1987, and entered
into force June 1, 1988 (commonly referred to as the
``Intermediate-Range Nuclear Forces Treaty'' or ``INF Treaty'').
(2) This behavior poses a threat to the United States, its
deployed forces, and its allies.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should hold the Russian Federation
accountable for being in violation of its obligations under the
INF Treaty; and
(2) the President should demand the Russian Federation
completely and verifiably eliminate the military systems that
constitute the violation of its obligations under the INF
Treaty.
(c) Report.--
(1) <<NOTE: President.>> In general.--Not later than 90
days after the date of the enactment of this Act, and every 90
days thereafter, the President shall submit to the committees
specified in subsection (d) a report that includes the following
elements:
[[Page 128 STAT. 2966]]
(A) A description of the status of the President's
efforts, in cooperation with United States allies, to
hold the Russian Federation accountable for being in
violation of its obligations under the INF Treaty and
obtain the complete and verifiable elimination of its
military systems that constitute the violation of its
obligations under the INF Treaty.
(B) <<NOTE: Assessment.>> The President's
assessment as to whether it remains in the national
security interests of the United States to remain a
party to the INF Treaty, and other related treaties and
agreements, while the Russian Federation is in violation
of its obligations under the INF Treaty.
(C) Notification of any deployment by the Russian
Federation of a ground launched ballistic or cruise
missile system with a range of between 500 and 5,500
kilometers.
(D) <<NOTE: Plans. Consultation.>> A plan developed
by the Secretary of State, in consultation with the
Director of National Intelligence and the Defense Threat
Reduction Agency (DTRA), to verify that the Russian
Federation has fully and completely dismantled any
ground launched cruise missiles or ballistic missiles
with a range of between 500 and 5,500 kilometers,
including details on facilities that inspectors need
access to, people inspectors need to talk with, how
often inspectors need the accesses for, and how much the
verification regime would cost.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Permanent Select Committee on Intelligence of
the House of Representatives.
SEC. 11. <<NOTE: 22 USC 8930.>> RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act shall be
construed as an authorization for the use of military force.
Approved December 18, 2014.
LEGISLATIVE HISTORY--H.R. 5859:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 160 (2014):
Dec. 11, considered and passed House.
Dec. 13, considered and passed Senate.
<all>
Committee on Financial Services discharged.
Committee on Financial Services discharged.
Committee on Oversight and Government discharged.
Committee on Oversight and Government discharged.
Committee on the Judiciary discharged.
Committee on the Judiciary discharged.
Considered by unanimous consent. (consideration: CR H10305-10310)
Passed/agreed to in House: On passage Passed without objection.(text: CR H10306-10310)
On passage Passed without objection. (text: CR H10306-10310)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate, read twice.
Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.(consideration: CR S6819)
Enacted as Public Law 113-272
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Passed Senate without amendment by Voice Vote. (consideration: CR S6819)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 113-272.
Became Public Law No: 113-272.